John Grenville Ray v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.01.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA John Grenville Ray ... Petitioner Vs.

1. The District Collector, Kancheepuram District, Kancheepuram.

2. The Revenue Divisional Officer, Kancheepuram District, Kancheepuram.

3. The Tahsildar, Kancheepuram Taluk, Kancheepuram.

...Respondents

Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, directing the 1st respondent to consider and pass appropriate orders on the petitioner's representation dated 19.10.2024 for allotment of 5 Acres of land in favour of the petitioner and his family members.

For Petitioner : Mr.A.Ilayaperumal For Respondents : Mr.A.Selvendran, Special Government Pleader ******** 1/5

O R D E R

Aggrieved by the fact that the petitioner's representation dated 19.10.2024, seeking the allotment of 5 acres of land in favour of the petitioner and her family members under the Ex-servicemen category, has not been processed to date, the petitioner has filed the above writ petition.

2. The case of the petitioner is that her father, Late.Grenville Lawrence Roy, served in the Indian Air Force from 1955 to 1962. Due to certain family issues, he was compelled to leave the service. The petitioner's' father had actively participated in various wars, including the two major conflicts - the Indo-Pakistan War of 1961 and the IndoChina War of 1962 - yet he was not provided with any benefits that others in similar circumstances had received. Therefore, the petitioner made a representation to the President's Secretariat and the District Collector, Kancheepuram, on 26.01.2025, requesting senior citizen benefits, specifically the allotment of a flat/house under the ExServicemen category. The Ex-servicemen Welfare Board of the 2/5

Ministry of Defence had directed the District Collector to consider the petitioner's father's request. However, no action was taken. Meanwhile, the petitioner's father passed away on 14.04.2023. Following his demise, the petitioner renewed the request on 24.04.2023, followed by a detailed representation on 19.10.2024. Despite these efforts, none of the representations have been processed, prompting the petitioner to approach this Court.

3. Heard the learned counsels on either side.

4. The petitioner's father, who served the nation and participated in the two wars that faced this country after this nation attaining Independence has not been treated fairly, as his request was never processed, and in the meantime, he has passed away. The statutory authority has failed to appreciate that the petitioner's father was an exservicemen and, under the Revenue Standing Orders, was entitled to land allotment. The Ministry of Defence had also recommended the allotment of 5 acres of land to the petitioner's father. 3/5

5. Considering the inaction on the part of the respondents 2 and 3, a mandamus is issued directing them to consider and pass orders on the petitioner's detailed representation dated 19.10.2024, after granting her a personal hearing. The matter shall be disposed of within a period of eight weeks from the date of receipt of a copy of this order.

6. Accordingly, this Writ Petition is allowed. No costs. 28.01.2025 nvi Index : Yes/No Speaking Order: Yes/No To:

1. The District Collector, Kancheepuram District, Kancheepuram.

2. The Revenue Divisional Officer, Kancheepuram District, Kancheepuram.

3. The Tahsildar, Kancheepuram Taluk, Kancheepuram.

4/5

P.T. ASHA . J., nvi 28.01.2025 5/5