Palanisamy v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.02.2023 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR Writ Petition No.5087 of 2023 Palanisamy ....

Petitioner -Vs1.The District Collector Erode.

2.The Tahsildar Tahsildar Office, Erode Town Erode District.

....

Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to consider the representation made by the petitioner on 11.07.2022 and 31.12.2022 within a time frame as may be fixed by this Hon'ble Court. For Petitioner : M/s.D.Jagajothi For Respondents : Mrs.N.Senthil Selvi, Government Advocate

O R D E R

The prayer sought for herein is for a Writ of Mandamus directing the respondents to consider the representation made by the petitioner on 11.07.2022 and 31.12.2022 within a time frame as may be fixed by this Court. 1 / 4

2. The petitioner claims that he and his mother are residing at Villampatti Village, Erode Taluk, Erode Dstrict in some Natham land and insofar as the petitioner is concerned, neither the petitioner nor the petitioner's mother have any own land for constructing a dwelling house. Therefore, in order to construct a dwelling house under the beneficial scheme of free assignment of house site patta, request has been made by the petitioner through his representation dated 11.07.2022 and in order to consider the same, the petitioner has moved the present writ petition.

3. Heard the learned counsel for the petitioner and the learned Government Advocate for the respondents.

4. Learned Government Advocate would submit that the said application submitted by the petitioner would be considered and decided on merits and in accordance with law within a time frame that may be stipulated by this Court. However, the petitioner cannot claim the house site patta as a matter of right from the Government or the 1st respondent and therefore the representation would be considered on its own merits and decided by the 1st respondent. 2 / 4

5. Considering the said submission made by the learned Government Advocate, this Court directs the 1st respondent to consider the representation dated 11.07.2022 and pass orders thereon on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order. With the above direction, this writ petition is disposed of. No costs. 22.02.2023 Index : Yes/No Speaking Order / Non-speaking order KST To 1.The District Collector Erode.

2.The Tahsildar Tahsildar Office, Erode Town Erode District.

3 / 4

R. SURESH KUMAR, J.

KST W.P.No. 5087 of 2023 22.02.2023 4 / 4