AVALAPPALI GRADE I PANCHAYAT Vs. COLLECTOR DHARMAPURI DISTRICT

JUDGEMENT

(1.) PETITIONER seeks Writ of Mandamus or Direction prohibiting the 2nd Respondent from allotting the land measuring an extent of 1.43.0 Hectares comprised in S.F.No.544 of Avalapalli village, Hosur Taluk to dhobies who do not belong to Avalapalli village panchayat and consequentially not to interfere with the PETITIONER's right in allotting the above said land to the landless poor people belonging to the said village panchayat.

(2.) THE then President of Petitioner panchayat has filed the Writ Petition. Case of Petitioner is that on 10.12.1997, Petitioner panchayat has passed a resolution stating that the land measuring an extent of 1.43.0 Hectares in S.F.No.544 of Avalapalli village was categorised as poramboke land and that it may be allotted to the landless people of Avalapalli panchayat. According to Petitioner, the said resolution was passed in accordance with the communication of 1st Respondent in Na.Ka.No.84451/1997 dated 20.01.1997 and also as directed by the Tahsildar in the communication Na.Ka.No.17729/97 (A3) dated 07.10.1997. Further case of Petitioner is that it has passed resolution on 07.02.2003 stating that the above said land should be allotted only to landless poor people of Avalapalli village panchayat and not to any other public belonging to other villages and to that effect Petitioner panchayat has also recorded a decision taken by Grama Sabha on 26.01.2003 for construction of new houses to landless poor people of the panchayat.

(3.) MR.Subba Reddy, learned counsel for Petitioner has submitted that the resolution of the panchayat dated 10.12.1997 was passed only in accordance with the direction by the 1st Respondent in Na.Ka.No.84451/1997 dated 20.1.1997 and the directions given by the Hosur Tahsildar in the Proceedings dated 07.10.1997 and that the panchayat has passed the resolution that the land has to be distributed to the land less people. Further contention of Petitioner is that Respondents 1 and 2 ought to have kept in view the resolution passed by the Petitioner village panchayat that the land has to be distributed to the landless poor people belonging to Avalapalli village and not to any others and Respondents are to be suitably directed to distribute the lands to the landless people who are inhabitants of Avalapalli village panchayat and not to others.