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Madras High CourtWP/4293/2022disposed of

Parameswari v. The District Collector

2022-03-01Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.03.2022

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.4293 of 2022 and W.M.P.Nos.4417 of 2022

1. Parameswari

2. Sudha

3. Lakshmi w/o Rajee

4. Lakshmi w/o Raman

5. Vijaya

6. Jothi

7. Rajeswari

8. Dhanalakshmi

9. M.Selvi

10. Rajeswari

11. Kaviyarasi

12. Padmavathi

13. Devi

14. Santhi

15. Alli

16. Indhirani

17. Yasodha

18. Santhi

19. Kaviya Sri

20. Abirami

21. Gomathi

22. Iswarya

23. Mariammal

24. Shanthi

25. Suganya

26. Ramayee

27. Rithika

28. Madhu

29. Deivanai

30. Indira

31. S.Dhanalakshmi

32. Revathi

33. B.Jagathambal

34. Geetha ... Petitioners

vs.

1. The District Collector,

2. The Tahsildhar, Rasipuram Taluk, Namakkal District.

3. The Special Tahsildhar, (Adi Dravidar Welfare) ... Respondents Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents, particularly the 3rd respondent to consider the petitioners' applications dated 17.06.2019 and subsequent representations dated 20.01.2022 sent for allotment of houses to the petitioners at S.No.123/1, Oduvankurichi Village, Rasipuram Taluk, Namakkal District by cancelling the allotments for noncompliance of the earlier conditions of the respondents under the Adi Dravidar Welfare Scheme.

For Petitioners : Mr.R.Thanjan For Respondents : Mr.T.Chezhiyan Additional Government Pleader

ORDER

This Writ Petition has been filed seeking for a Writ of Mandamus directing the respondents, particularly the 3rd respondent to consider the petitioners' applications dated 17.06.2019 and subsequent representations dated 20.01.2022 for allotment of houses to the petitioners at S.No.123/1, Oduvankurichi Village, Rasipuram Taluk, Namakkal District by cancelling the allotments for non-compliance of the earlier conditions of the respondents under the Adi Dravidar Welfare Scheme.

2. The case of the petitioners is that 2nd and 3rd respondents under the supervision of the 1st respondent, acquired the above said land admeasuring 4.62 acres and plotted out to 162 persons on 23.1.2008, who belong to the category of Adi Dravidar and Most Backward class based on G.O.(Ms).No.200, Housing and Urban Development (HB 4(1) Department, dated

15.09.2010 by imposing certain conditions on the allotees. Since, those conditions were not complied with by the allotees, the petitioners being the same community, have made representations to the respondents 1 to 3 dated 17.06.2019 and 20.01.2022 stating that the above said allotment is liable to be cancelled and to make fresh allotment to the petitioners. Since no action has been taken by the respondents 1 to 3, the petitioners have come up before this Court seeking the aforesaid relief.

3. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court issues direction to the respondents more particularly the 3rd respondent to consider the petitioner's representations dated 17.06.2019 and 20.01.2022 and pass orders on the merits within a particular time frame fixed by this Court.

4.The learned Additional Government Pleader for respondents has no objection for said order being passed. 5.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 6.In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case, directs the respondents especially 3rd respondent to consider the petitioner's representations dated 17.06.2019 and 20.01.2022 and pass appropriate orders on merits and in accordance with law if there is no legal impediment, after affording opportunity to the petitioners and aggrieved persons within a period of twelve weeks from the date of receipt of a copy of this order.

7. This writ petition is accordingly disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar rap/skt To

1. The District Collector,

2. The Tahsildhar, Rasipuram Taluk, Namakkal District.

3. The Special Tahsildhar, (Adi Dravidar Welfare) +1cc to Mr.R.Thanjan, Advocate SR.No.13615 +1cc to the Government Pleader SR.No.14156 W.P.No.4293 of 2022 KK(CO) GN(18/03/2022)