Mrs. D.Stella, v. The Government Of Tamilnadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.03.2016
CORAM
THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition No.10329 of 2016 1.D.Stella 2.Tamilarasi 3.C.T.Chellin 4.Vellaiyammal 5.A.Kamalam 6.N.Samsath 7.P.Arumairaj 8.A.Amirthakani 9.P.Krishnaveni 10.R.Ranjitham 11.R.Rajammal 12.V.Vellaiyammal 13.S.Geetha 14.V.Velanganni 15.Rajammal 16.T.Valarmathi 17.V.Rajalakshmi 18.R.Rajamani ... Petitioners vs.
1.The Government of Tamil Nadu represented by the Secretary to the Government, Revenue Department, Fort St. George, Chennai 600 009.
2.The Collector, Coimbatore District Collector Office, Coimbatore 641 018.
3.The Tahsildar, Podanur, Coimbatore 641 023.
4.The Tahsildar, Madukarai, Coimbatore 641 105.
(R4 impleaded as per the order dated 24.03.2016 made in WMP.No.9695 of 2016) ... Respondents
Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus directing the respondents to issue housing plot patta to the petitioners herein for their properties located at Carmel Nagar, Kuruchi, Podanur, Coimbatore District.
For Petitioners :
Mr.Perumbulavil Radhakrishnan For Respondents :
Mr.V.Jayaprakash Narayanan, SGP
ORDER
The petitioners have come up with the present writ petition for a mandamus, directing the respondents to issue them housing plot patta in respect of their properties at Carmel Nagar, Kuruchi, Podanur, Coimbatore District.
2. It is the case of the petitioners that they are belonging to minority community and are daily wage labourers. They are the residents of Carmel Nagar by building their own houses. The petitioners have ration cards, voter identity cards and Aadhar Cards, but they do not have patta in respect of their respective houses. Inspite of several attempts made by the petitioners, they have not received patta. According to the petitioners, recently, the surveyor had come and surveyed the houses/lands belonging to certain railway employees, who are residing next to their property, for the purpose of issuing free patta. However, the petitioners' houses were excluded from such survey. In this regard, the first petitioner by name D.Stella on behalf of herself and also on behalf of other petitioners, made a representation dated 29.02.2016, which was not considered so far by the second respondent. Therefore, the present writ petition came to be filed by the petitioners.
3. Heard the learned counsel for the petitioners and the learned Special Government Pleader appearing for the respondents.
4. Considering the facts and circumstances of the case, this Court permits the petitioners to make separate representations along with a copy of this order to the fourth respondent within a period of two weeks from the date of receipt of a copy of this order. On receipt of the petitioners' representations, the fourth respondent is directed to conduct enquiry and pass appropriate orders, with regard to grant of patta in respect of the houses belonging to the petitioners, within a period of twelve weeks thereafter. It is made clear
that this Court is not expressing any opinion with regard to the merits of the claim made by the petitioners and it is for the fourth respondent to pass appropriate orders purely on merits and in accordance with law, after affording due opportunity of personal hearing to the petitioners.
5. The writ petition is disposed of accordingly. No costs.
-s/d- Assistant Registrar True Copy Sub-Assistant Registrar To 1.The Secretary to the Government, Revenue Department, Fort St. George, Chennai 600 009.
2.The Collector, Coimbatore District Collector Office, Coimbatore 641 018.
3.The Tahsildar, Podanur, Coimbatore 641 023. 4.The Tahsildar, Madukarai, Coimbatore 641 105.
+18 ccs to Mr.Perumbulavil Radhakrishnan Advocate sr.18787 +1 cc to Government Pleader sr.19012 W.P.No.10329 of 2016 aa31/03/2016