Kasthuri v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :27.02.2023 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR Mrs.Kasthuri ... Petitioner -Vs1. The District Collector, Dharmapuri District.

2. The District Revenue Officer, Dharmapuri District.

3. The Special Tahsildar, Backward Classes Welfare Committee, Dharmapuri District.

4. The Special Tahsildar, Adi Dravidar Welfare Committee, Dharmapuri District.

5. The Tahsildar, Dharmapuri Taluk, Dharmapuri District.

6. The Village Administrative Officer, Vellagoundanpalayam, Dharmapuri District.

... Respondents Prayer : Writ Petitions under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the 1st 1/6

respondent to conduct a proper enquiry and not to include the ineligible individuals in the beneficiaries list for issuance of free house site patta to the lands encompass in survey Nos. 578 & 579 situated in Vellagoundanpalayam, Dharmapuri and also directing the respondents to allot free house site patta to the petitioner based on the representation given on 12.12.2022 & 27.01.2023.

For Petitioner : Mr.E.Udayasankari For Respondents : Ms.Akila Rajendran Government Advocate

ORDER

The prayer sought for herein is for a writ of mandamus directing the 1st respondent to conduct a proper enquiry and not to include the ineligible individuals in the beneficiaries list for issuance of free house site patta to the lands encompass in survey Nos. 578 & 579 situated in Vellagoundanpalayam, Dharmapuri and also directing the respondents to allot free house site patta to the petitioner based on the representation given on 12.12.2022 & 27.01.2023.

2. The petitioner claimed to have been residing at No.3/1357-A, Kaveri line, V.Jetihelli Road, Dharmapuri Nagar and District, it is a claim of the petitioner that the petitioner does not have any land on her own to 2/6

have a dwelling house, therefore, in order to get free house site patta on the adjacent lands in S.Nos.578 & 579, where according to the petitioner land has been acquired for the purpose of issuance of house site patta and therefore, in this regard, he has given a representation on 12.12.2022 and 27.02.2023, which the petitioner wanted to consider, hence, the petitioner has moved the present writ petition with the aforesaid prayer.

3. Heard Mr.E.Udayasankar, learned counsel appearing for the petitioner and Ms.Akila Rajendran, learned Government Advocate appearing for the respondents.

4. Learned Government Advocate, on instructions would submit that, based on the representation given by the petitioner dated 12.12.2022 report has been called for from the Village Administrative Officer and again the petitioner has sent a reminder representation in January, 2023, therefore, within a period of one month, since the petitioner has moved the present writ petition, hence a reasonable time can be given to the respondents, especially to the first respondent to consider the plea of the petitioner, she contended.

5. Considering the said submission made by the learned counsel 3/6

appearing for both sides especially the stand taken by the learned Government Advocate appearing for the respondents, this Court is inclined to dispose of this writ petition with the following order: That there shall be a direction to the first respondent District Collector to consider the representation of the petitioner dated 12.12.2022 and pass orders thereon on merits and in accordance with law within a period of six(6) months from the date of receipt of a copy of this order.

With this direction, this writ petition is disposed of. No costs. 27.02.2023 Index : Yes/No Speaking order: Yes/No mp To 4/6

1. The District Collector, Dharmapuri District.

2. The District Revenue Officer, Dharmapuri District.

3. The Special Tahsildar, Backward Classes Welfare Committee, Dharmapuri District.

4. The Special Tahsildar, Adi Dravidar Welfare Committee, Dharmapuri District.

5. The Tahsildar, Dharmapuri Taluk, Dharmapuri District.

6. The Village Administrative Officer, Vellagoundanpalayam, Dharmapuri District.

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.R. SURESH KUMAR, J.

mp 27.02.2023 6/6