Mohandass v. The Union Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.04.2021 CORAM : JUSTICE N.SESHASAYEE and WMP.Nos.4252 & 4256 of 2021 Mohandass ...
Petitioner Vs.
1.The Union of India Rept. by the Government of Puducherry Through the Chief Secretary to Government Chief Secretariat 2.The District Collector Department of Revenue and Disaster Management Collectorate 3.The Director Department of Survey and Land Records 4.The Deputy Director Department of Adi-Dravidar and Tribal Welfare Thattanchavady 5.The Tahsildar Revenue Department 1/6
6.The Commissioner Villianur Commune Panchayat ...
Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records of the 3rd respondent's impugned select list prepared with No. nil dated 15.10.2020, and to quash the same in respect of the petitioner alone for not including in the list and consequently to direct the respondents to consider the application given by the petitioner dated 17.12.2019 for the proposed grant of Free Manai patta at Koodapakkam Village, Puducherry on merits and consequently to allot and handover one free plot to the petitioner. For Petitioner : Mr.L.Prabakaran For Respondents : Mr.D.Ravichander Additional Government Pleader (P)
ORDER
This case was disposed of Vide order dated 23.02.2021 , however at the time of preparing the order, it is observed that the operative portion of the order runs tangentially to the nature of the prayer made in this case and hence, this Court suo moto posted the matter for clarification on 01.04.2021. 2/6
2. Heard the learned counsel for the petitioner and Mr.D.Ravichander, Additional Government Pleader (Puducherry), and the matter was clarified.
3. The petitioner has approached this Court alleging that his name has not been short listed for assignment of free house site by the Committee convened by the third respondent Vide his proceedings dated 15.10.2020, and hence prays to quash the impugned selection list dated 15.10.2020 prepared by the third respondent, and also a mandamus that his name be included in the list by considering his application dated 17.12.2019.
4. The case of the petitioner is that the Union Territory of Puducherry has constituted a six member Committee for finalising the list of eligible applicants for allotment of 116 housing plots. The petitioner submits that he has filed his representation, but states that due to political interference, his application has not been considered. He also alleges that the lists are prepared only to those who manage to obtain some kind of support from the politicians.
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5. The learned Additional Government Pleader (Puducherry) made a statement, whatever list that have been prepared, have not taken any finality, and added that there are atleast two lists prepared, and both have not attained finality. The said statement is recorded.
6. In this circumstances, the respondent concerned is directed to consider the application of the petitioner dated 17.12.2019, along with other applications which are pending consideration of six member Committee of the respondent. The respondent concerned is also directed to accord such necessary personal hearing to the petitioner in this regard to enable him to place all the materials, which may support his case of eligibility for allotment.
7. The writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed. 01.04.2021 tsg / ds Index : Yes/No Internet:Yes/No Speaking Order / Non-speaking Order 4/6
To:
1.The Chief Secretary to Government Union of India Rept. by the Government of Puducherry Chief Secretariat 2.The District Collector Department of Revenue and Disaster Management Collectorate 3.The Director Department of Survey and Land Records 4.The Deputy Director Department of Adi-Dravidar and Tribal Welfare Thattanchavady 5.The Tahsildar Revenue Department 6.The Commissioner Villianur Commune Panchayat 5/6
N.SESHASAYEE, J.
tsg/ds 01.04.2021 6/6