J.Mohan Kumar, v. State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.09.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.No.17738 of 2012
1. J.Mohan Kumar
2. S.Rama
3. K.Rajaram
4. S.Sivagama Sundari
5. C.Theresa
6. R.Archana
7. S.Dhanasekaran
8. K.Chinnathambi
9. K.Malathi
10. C.Jeyakumari
11. C.Jeyanthi
12. N.Suja
13. M.Priya
14. K.Santhosh Kumar
15. S.Chelladurai
16. J.Jeeva
17. J.Prabha
18. J.Senthilkumar
19. J.Ravishankar
20. R.Prabakaran
21. M.Robert Chirstober
22. R.Valluvan
23. A.Chandrasekaran
24. A.Swaminathan
25. R.Lakshmi Narashimalu
26. S.Arumuga Perumal
27. K.Rajeswari
28. M.Thangaraj
29. S.Rajarathinam
30. N.Vijayakumari
31. K.Natarajan
32. S.Dhanapal
33. K.Vengateshan
34. N.Suresh
35. S.Thilai Mahakali
36. V.Rajvelu
37. B.Kothandaraman
38. V.Siva
39. E.Saraladevi
40. G.Jayaraman
41. K.Abdul Azeez
42. B.Shanthi
43. C.Selvakumar
44. C.Kandasamy
45. R.Rajaram
46. R.Shanthi
47. K.Vinoth Kumar
48. S.Kannan
49. S.Uma
50. P.Manoharan
51. R.Pushparaj
52. R.Kalaiselvi
53. P.Maheswari
54. N.Ramalingam
55. M.Kavitha
56. D.Devi
57. M.Perumal
58. M.Mutumeena
59. B.Chakravarthi
60. C.Mageshkumar
61. M.Krishnababu
62. S.Muthiah
63. M.Sugumaran
64. R.Krishnan
65. R.Venkataraman
66. S.Latha
67. K.Chinnasamy
68. M.Manuvel
69. E.Sridharan
70. K.Adhilakshmi
71. M.Chandrasekaran
72. S.Jegadesan
73. V.Vengamma
74. V.Srinivasulu
75. S.Therasamma
76. R.Sathish Kumar
77. G.Vedavalli
78. C.Aruna
79. S.Usha
80. S.Jothi
81. D.Hariharan ... Petitioners Vs.
1. State of Tamil Nadu, rep by its Secretary to Government, Department of Revenue, St.George Fort, Chennai - 600 009.
2. The Special Commissioner and Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai - 600 005.
3. The District Collector, Tiruvallur Collector Office, Tiruvallur, Tiruvallur District.
4. The District Revenue Officer, Tiruvallur, Tiruvallur District.
5. The Tahsildhar, Ambattur Taluk, Tiruvallur District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the respondents to consider the petitioners' representation dated 09.05.2012 and by allotting housing site to the petitioners in the land comprised in Survey Nos.46 and 47 or at any Survey numbers of Nolambur Village, Tiruvallur District or in any vacant lands comprised in any Survey numbers in any Village at free of cost or at any reasonable, nominal rate fixed by the respondents under any schemes of providing house site to the homeless poor living in the Government land formulated by the Government of Tamilnadu or under any other housing schemes. For Petitioners: Mr.R.Chithiraputhiran For Respondents: Mr.M.R.Gokul Krishnan Government Advocate
ORDER
The Writ Petition has been filed seeking to direct the respondents to consider the petitioners' representation dated 09.05.2012 and by allotting housing site to the petitioners in the land comprised in Survey Nos.46 and 47 or at any Survey numbers of Nolambur Village, Tiruvallur District or in any vacant lands comprised in any Survey numbers in any Village at free of cost or at any reasonable, nominal rate fixed by the respondents under any schemes of providing house site to the homeless poor living in the Government land formulated by the Government of Tamilnadu or under any other housing schemes.
2. The case of the petitioners is that they are landless poorer daily wage coolies and they have constructed huts and staying in the lands comprised in Survey No. 442 situated at Mogappair Village, Ambattur Taluk, Tiruvallur District for several years. They are claiming patta as per the various Government orders. They sent a representation to the respondents on 09.05.2012, thereby requested to issue patta in their favour.
3. The learned Government Advocate appearing for the respondents submitted that the petitioners sought for patta to an extent of 0.74 acres. Whereas, they are residing at Rani Ammaiyar Street, Periyar Nagar, Vyasarpadi, Chennai. Therefore, their request cannot be considered.
4. It is seen from the typed set of papers that the petitioners sent representation on 09.05.2012 to the respondents. Due to paucity of several years, the said representation cannot be considered now by the respondents, since it cannot be ascertained as to whether the said representation is available with the records of the respondents or not. However, the petitioners are at liberty to file a fresh representation to the authorities concerned and on receipt of the same, the authorities concerned are directed to consider the same and pass orders on merits and in accordance with law.
5. In view of the above direction, this Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar kv To
1. The Secretary to Government, State of Tamil Nadu, Department of Revenue, St.George Fort, Chennai - 600 009.
2. The Special Commissioner and Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai - 600 005.
3. The District Collector, Tiruvallur Collector Office, Tiruvallur, Tiruvallur District.
4. The District Revenue Officer, Tiruvallur, Tiruvallur District.
5. The Tahsildhar, Ambattur Taluk, Tiruvallur District.
+1cc to the Government Pleader Sr.48506 W.P.No.17738 of 2012 smi[co] srg 25/10/2021