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Madras High CourtWP/2658/2020dismissed

Kannammal v. The District Collector

2022-01-03Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.01.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.Nos.2658, 2660, 2661, 2663, 2665 and 2666 of 2020 KANNAMMAL ... PETITIONER in WP No.2658 of 2020 VASANTHA ... PETITIONER in WP No.2660 of 2020 G.ATHIYAMAN ... PETITIONER in WP No.2661 of 2020 SAROJA ... PETITIONER in WP No.2663 of 2020 NAGAMMAL ... PETITIONER in WP No.2665 of 2020 K.YUVARAJ ... PETITIONER in WP No.2666 of 2020 Vs.

1. The District Collector, Dharmapuri 636705.

2. The District Revenue Officer, District Revenue Office, Collectorate Post, Dharmapuri 636705.

3. The Special Tahsildar, Adi-Dravida Welfare Department, Dharmapuri 636701.

4. The Tahsildar, Taluk Office, Dharmapuri District.

... Respondents in all WP's PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to measure and demarcate and fix the boundaries of the petitioner's Plot No.76 in A.Reddihalli Village, Dharmapuri Taluk and District, assigned under free house site Scheme in proceedings made in Na.Ka.No.2576/91 (A) by the 3rd respondent within the time stipulated by this Court.

WP No.2660 of 2020 Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to measure and demarcate and fix the boundaries of the petitioners Plot No. 43 in A. Reddihalli Village, Dharmapuri Taluk and District assigned under free house site Scheme in procedings made in Na.Ka. No. 2576 / 91 (A) by the 3rd respondent within the time stipulated by this Hon'ble Court WP No.2661 of 2020 Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to measure and demarcate and fix the boundaries of the petitioners Plot No. 4 in A. Reddihalli Village, Dharmapuri Taluk and District assigned under free house site Scheme in procedings made in Na.Ka. No.

2576 / 91 (A) by the 3rd respondent within the time stipulated by this Hon'ble Court WP No.2663 of 2020 Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to measure and demarcate and fix the boundaries of the petitioners Plot No.21 in A. Reddihalli Village, Dharmapuri Taluk and District assigned under free house site Scheme in procedings made in Na.Ka. No. 1769 / 95 (A) by the 3rd respondent within the time stipulated by this Hon'ble Court WP No.2665 of 2020 Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to measure and demarcate and fix the boundaries of the petitioners Plot No.4 in A.

Reddihalli Village, Dharmapuri Taluk and District assigned under free house site Scheme in procedings made in Na.Ka. No. 1769 / 95 (A) by the 3rd respondent within the time stipulated by this Hon'ble Court WP No.2666 of 2020 Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to measure and demarcate and fix the boundaries of the petitioners Plot No.8 in A. Reddihalli Village, Dharmapuri Taluk and District assigned under free house site Scheme in procedings made in Na.Ka. No. 2576/ 91 (A) by the 3rd respondent within the time stipulated by this Hon'ble Court For Petitioner : Mr.V.R.Annagandhi (in all WPs) For Respondents : Mr.P.

C O M M O N O R D E R These writ petitions have been filed to issue a Writ of Mandamus, directing the respondents to measure and demarcate and fix the boundaries of the petitioners' Plot Nos.76, 43, 4, 21, 4 and 8 in A.Reddihalli Village, Dharmapuri Taluk and District, assigned under free house site Scheme in proceedings made in Na.Ka.Nos.2576/91 (A) and Na.Ka.Nos.1769/95(A) respectively by the 3rd respondent, within the time stipulated by this Court.

2. While pending the writ petitions, the free house site pattas issued in favour of the petitioners were cancelled by the 2nd respondent herein by his proceedings in Na.Ka.No.21027/2019/ADW/Ko.1, dated 07.02.2020 for violation of some conditions. Aggrieved by the same, one of the petitioners in these writ petitions challenged the cancellation of free house site pattas before this Court in W.P.No.5116 of 2020 and it is pending. Therefore, the prayers sought for in these writ petitions cannot be considered at present and all the writ petitions are devoid of merits and they are liable to be dismissed.

3. Accordingly, the writ petitions are dismissed. If the petitioners succeed against the cancellation of their free house site pattas, they are at liberty to submit fresh applications to measure and demarcate their respective plots before the 4th respondent. On receipt of the same, the 4th respondent is directed to consider the same. No costs.

Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar dm To

1. The District Collector, Dharmapuri 636705.

2. The District Revenue Officer, District Revenue Office, Collectorate Post, Dharmapuri 636705.

3. The Special Tahsildar, Adi-Dravida Welfare Department, Dharmapuri 636701.

4. The Tahsildar, Taluk Office, Dharmapuri District.

+1cc to the Government Pleader, S.R.No.705 W.P.Nos.2658, 2660, 2661, 2663, 2665 and 2666 of 2020 KSM(CO) SU(21/01/2022)