Manoranjitham, Age 37 v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.08.2021

CORAM

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN WP.NO.12294 OF 2012 AND MP.NO.1 OF 2012 1.Manoranjitham 2.Lakshmi 3.Pappathi 4.Thangamani 5.Thailamani 6.Santhi 7.Malliga 8.Latha 9.Shanmugavalli 10.Thangamani 11.Palaniammal 12.Vasantha 13.Mani 14.Selvi 15.Chinnapillai 16.Vasanthal 17.Devika 18.Lakshmi 19.Rajathi 20.Sumathi 21.Kanthayee 22.Sarasu 23.Jothi 24.Kannayee 25.Kuppayee 26.Chellammal 27.Pavalayee 28.Lalitha 29.Selvi 30.Thavamani

31.Rajamani 32.Raghamani 33.Kasi 34.Susila

...Petitioners

Vs

1. The District Collector,

2. The District Adi Dravidar Welfare Officer,

3. The Special Tahsildar, Adi Dravidar Welfare, Sankari, Salem District.

...Respondents

Prayer :- Writ Petition is filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the respondents to prepare the layout of house sites in the land measuring 1.35 acres in S.No.291/3B, Chinna Goundanur Village, Sankari Taluk, Salem District and issue free house site patta to the petitioners in the said land immediately.

For Petitioners : Mr.S.Ayyathurai For Respondents : Mr.Richardson Wilson Government Advocate

ORDER

This Writ Petition is filed to issue a writ of mandamus directing the respondents to prepare the layout of house sites in the land measuring 1.35 acres in S.No.291/3B, Chinna Goundanur Village, Sankari Taluk, Salem District and issue free house site patta to the petitioners in the said land.

2. The learned counsel for the petitioners would submit that some of the petitioners died and seeks time to file petition to implead the legal heirs of the deceased petitioners.

3. The third respondent filed counter and submitted that out of 34 petitioners, 18 persons are not eligible to issuance of house site patta for the reason that they are having own house. Insofar as the other fifteen persons are concerned, they are eligible to issuance of free house site patta. However, while pending the writ petition, these fifteen persons also purchased some house properties.

4. Therefore, this Court deem it fit to direct the first respondent to conduct fresh enquiry on appearance of the petitioners with regards to issuance of free house site patta. As such, the first respondent is directed to issue notice to all the petitioners and also the legal representatives of the deceased petitioners within a period of two weeks from the date of receipt of copy of this order and conduct enquiry after affording opportunity of hearing to them and pass orders on merits and in accordance with law with regards to issuance of house site patta within a period of twelve weeks thereafter.

5. With the above directions, this writ petition is disposed of. Consequently, connected miscellaneous petition is closed. No order as to costs.

Sd/- Assistant Registrar(CS-VI) // True Copy // Sub Assistant Registrar lok To

1. The District Collector,

2. The District Adi Dravidar Welfare Officer,

3. The Special Tahsildar, Adi Dravidar Welfare, Sankari, Salem District.

+1cc to Mr.S.Ayyathurai, Advocate, S.R.No.40646 +1cc to the Government Pleader, S.R.No.41109 WP.No.12294 of 2012 RGN(CO) RLP(21/09/2021)