Madras High CourtWP/5248/2024disposed of

Thangam v. The District Collector

2024-02-28Honourable Mr Justice R. Mahadevan,Honourable Mr Justice Mohammed Shaffiq5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.02.2024 CORAM :

THE HON'BLE MR. JUSTICE R.MAHADEVAN AND THE HON'BLE MR. JUSTICE MOHAMMED SHAFFIQ THANGAM .. Petitioner Vs

1. THE DISTRICT COLLECTOR O/O.THE THE DISTRICT COLLECTORATE, SALEM DISTRICT.

2. THE SUB- COLLECTOR (CUM) REVENUE DIVISIONAL OFFICER OFFICE OF THE SUB- COLLECTOR OFFICE, MATUR, SALEM DISTRICT.

3. THE REVENUE TAHSILDAR O/O.THE REVENUE TAHSILDAR, OMALUR TALUK, SALEM DISTRICT.

4. THE TAHSILDAR ADI-DRAVIDAR WELFARE DEPARTMENT (THANI), O/O.THE REVENUE TAHSILDAR, OMALUR TALUK, SALEM DISTRICT.

Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents to issue a free house site Patta to petitioner's house comprised in Survey

No.114/1 in situate at Anna Nagar, Salem Main Road, Kottamettupatti Village, Omalur Taluk, Salem District- 636 455 and consequentially to consider the petitioner's representation pertaining to the letter no.407/ Public.2 (1)/2023-6 dated on 10.07.2023 and Guideline in Na.Ka. No.M2/582/2015 dated on 25.08.2022 for issue a free house site patta by this Honble Court.

For the Petitioner : Mr.G.Senthilkumar For the Respondents : Mr.Karthik Jegannathan Government Advocate

ORDER

(Order of the Court was made by R.MAHADEVAN,J.) The petitioner has filed this writ petition seeking issuance of a writ of mandamus directing the respondents to issue a free house site Patta to petitioner's house comprised in Survey No.114/1 situated at Anna Nagar, Salem Main Road, Kottamettupatti Village, Omalur Taluk, Salem District- 636 455 and consequentially to consider the petitioner's representation pertaining to the letter No.407/Public.2 (1)/2023-6, dated 10.07.2023 and Guideline in Na.Ka. No.M2/582/2015 dated 25.08.2022 for issue a free house site patta.

2. After some submissions, learned counsel for the petitioner sought three weeks' time to file a revision before the Commissioner of Land Administration against the order dated 21.2.2024 passed by the first respondent, for which learned Government Advocate appearing on behalf of the respondents has no serious objection.

3. In view of the above, the writ petition is disposed of with the following directions:

(i) The petitioner is granted three weeks' time to file a revision before the Commissioner of Land Administration against the order dated 21.2.2024 passed by the first respondent.

(ii)The Commissioner of Land Administration shall consider the revision purely on merits and in accordance with law, after providing an opportunity to the petitioner.

(iii)Status-quo as on date shall be maintained by the parties for a period of three weeks.

There shall be no order as to costs. Consequently, W.M.P.Nos.5775 and 5776 of 2024 are closed.

(R.M.D., J.) (M.S.Q., J.) 28.02.2024 Index :

No No Note to Registry:

Issue order copy on 29.2.2024.

sasi To

1. THE DISTRICT COLLECTOR O/O.THE THE DISTRICT COLLECTORATE, SALEM DISTRICT.

2. THE SUB- COLLECTOR (CUM) REVENUE DIVISIONAL OFFICER OFFICE OF THE SUB- COLLECTOR OFFICE, MATUR, SALEM DISTRICT.

3. THE REVENUE TAHSILDAR O/O.THE REVENUE TAHSILDAR, OMALUR TALUK, SALEM DISTRICT.

4. THE TAHSILDAR ADI-DRAVIDAR WELFARE DEPARTMENT (THANI), O/O.THE REVENUE TAHSILDAR, OMALUR TALUK, SALEM DISTRICT.

R.MAHADEVAN,J.

AND MOHAMMED SHAFFIQ,J.

(sasi) 28.02.2024