Mariammal v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.01.2022 CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P.No.758 of 2022 and W.M.P.Nos.846 & 849 of 2022 1.Mariammal 2.Shanmugam 3.Boobalan 4.Rani 5.Irusammal 6.Prema 7.Nirosha 8.Mohandoss 9.Thamu 10.Rajendiran 11.Devi Kumari 12.Lalitha 13.Karthika 14.Salma 15.Samundeeswari 16.Saraswathi 17.Soundari 18.Radha 19.Noorbeevi 20.Padma 21.N.Aadhilakshmi Narayanan

...Petitioners

Vs.

1.The District Collector Chengleput District Chengleput.

2.The Tahsildar Cheyyur Taluk, Cheyyur, Chengleput 603 302.

3.The Block Development Officer (Lathur) Pavinjur Cheyyur Taluk, Chengleput District 603 302.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents herein to confirm the allotment of respective houses already in occupation by the petitioners 1 to 20 herein in Samathuvapuram in Adayalacheri Panchayat, Nergunampattu, Cheyyur, Chengleput District.

For Petitioner :

Mr.J.Pothiraj For Respondents :

Mr.V.Manoharan 1 & 2 Additional Government Pleader For Respondent 3 :

Mrs.C.Sangamithirai Special Government Pleader

O R D E R

The relief sought for in the present Writ Petition is to direct the respondents herein to confirm the allotment of respective houses already in occupation by the petitioners 1 to 20 herein in Samathuvapuram in Adayalacheri Panchayat, Nergunampattu, Cheyyur, Chengleput District.

2. Allotment of houses can never be claimed as a matter of right. All allotment of houses are to be made strictly in accordance with scheme and as per eligibility criteria prescribed by the Government in this regard. The petitioners state that they are in occupation and based on the occupation they must be given allotment. However, such a claim cannot be considered. If the name of the petitioners are in the list of eligible persons and they are waiting for such allotment it has to be considered strictly in accordance with seniority and as per the scheme approved by the Government.

3. Thus, the respondents are directed to follow the terms and conditions of the scheme scrupulously for the allotment of houses without causing any discrimination to the eligible candidates who all are waiting for such allotment.

4. With these observations, the Writ Petition stands disposed of. Consequently, connected Miscellaneous Petitions are closed. No costs.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar Kan

To 1.The District Collector Chengleput District Chengleput.

2.The Tahsildar Cheyyur Taluk, Cheyyur, Chengleput 603 302.

3.The Block Development Officer (Lathur) Pavinjur Cheyyur Taluk, Chengleput District 603 302.

+1cc to Mr.J.Pothiraj, Advocate, S.R.No.3938 +1cc to the Government Pleader, S.R.No.4305 W.P.No.758 of 2022 GPL(CO) KKV/03/02/2022