P.Gnaneswari v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.04.2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.11997 of 2015 1.P.Gnaneswari 2.Mrs.Karural ... Petitioners Vs.

1.The District Collector, Dharmapuri District, Dharmapuri 2.The Special Tahsildar, (Land Acquisition) Department of Backward, Most Backward and Minorities Welfare, Dharmapuri.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents herein to forthwith handover the possession of house sites bearing Plot Nos.4 and 7 in Survey No.366 in Sengannur Village, Pennagaram Taluk to the petitioners respectively in pursuance of patta granted in their favour in Na.Ka.No.131837/97 Y.7 dated Nil.12.1999 signed on 20.10.2000 by the 2nd respondent Special Tahsildar (Land Acquisition) backward and Most Backward Class Welfare Department, Dharmapuri after dividing the plot by metes and bounds within the time framed by this Hon'ble Court.

For Petitioners: Mr.R.Thamaraiselvan For Respondents: Mr.M.Digvijaya Pandian Additional Government Pleader

O R D E R

By consent the writ petition is taken up for final disposal. 2.The petitioners claim that they and nearly 72 persons were allotted free housesite patta in Survey No.366 in Sengannur Village, Pennagaram Taluk. The patta given to the petitioners bears Na.Ka.No.131837/97 and they have been allotted 120 sq.mtrs. of land. The grievance expressed by the petitioners is that though free https://hcservices.ecourts.gov.in/hcservices/

housesite patta has been given, the land in question has not been properly measured and possession is yet to be handedover and in this regard submitted a representation 06.03.2014 to the first respondent and since they have not been favoured with any response, came forward to file this writ petition.

3.The learned counsel appearing for the petitioners would submit that the office of the first respondent in turn directed the second respondent to send a report in this regard, and inspite of it, no orders came to be passed and hence prays for appropriate orders. 4.Heard the submissions of Mr.R.Thamaraiselvan, learned counsel appearing for the petitioners and Mr.M.Digvijaya Pandian, learned Additional Government Pleader who accepts notice for the respondents. 5.This Court taking into consideration the above facts and circumstances, directs the first respondent to take appropriate steps on the petitioners' representation dated 06.03.2014, and the second respondent in turn is also directed to produce report in response of the proceedings dated 14.03.2014 sent by the first respondent, and appropriate orders to be passed within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision to the petitioner.

6.The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar pri To 1.The District Collector, Dharmapuri District, Dharmapuri 2.The Special Tahsildar, (Land Acquisition) Department of Backward, Most Backward and Minorities Welfare, Dharmapuri.

+ 1 cc to Mr.R.Thamaraiselvan, Advocate SR.22201 + 1 cc Government Pleader Sr.22296 JM(CO) EU 08.05.2015 W.P.No.11997 of 2015 https://hcservices.ecourts.gov.in/hcservices/