Thulasi v. The Chief Secretary To Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.04.2019
CORAM
THE HONOURABLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.7114 of 2019 and WMP.Nos.7836, 7837 & 7839 of 2019 Thulasi
...Petitioner
Vs.
1.The Chief Secretary to Government Chief Secretariat 2.The District Collector Department of Revenue and Disaster Management Collectorate, Puducherry.
3.The Director of Survey and Land Records Department of Survey and Land Records 4.The Thasildar Settlement-II Directorate of Survey and Land Records
...Respondents
Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records of the third respondent with No.11644/DOS/ST/II/RI-2/2015 dated Nil and to quash the same and consequentially, to direct the 3rd and 4th respondents to consider the application given by the petitioner dated for Free House site and to direct the respondents to allot and hand over house site to the petitioner.
For Petitioner : Mr.Radjasegarane For Respondents: Mr.D.Ravichandar Additional Government Pleader (P)
O R D E R
Mr.D.Ravichandar, learned Additional Government Pleader (P) takes notice for the respondents. By consent of the parties, this writ petition is taken up for final disposal at the admission stage itself.
2. The petitioner is aggrieved against the tentative list of persons selected for grant of free house site patta. According to the petitioner, his name is not considered while preparing the said list.
3. Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the respondents.
4. Perusal of the impugned proceedings would show that it is only the tentative one and not the final list. Apart from the said fact, the impugned proceedings also invited objections from the Public against the said selection, if any, on or before 27.02.2019. It is seen that the petitioner has made his request on 10.01.2019 seeking for grant of free house site patta. Therefore, all the contentions raised in this writ petition has to be raised by the petitioner by way of his objections, if he is aggrieved against the selection. It is seen that for non inclusion of his name in the selection, the petitioner has already approached the respondents by way of a representation dated 10.01.2019.
5. This Court, at this stage, is not expressing any view on the merits of the claim made by the petitioner, as it is for the third respondent to consider the said representation and pass appropriate orders on merits and in accordance with law. Thus, this writ petition is disposed of, only by directing the third respondent to consider the representation of the petitioner dated 10.01.2019 and pass orders on the same on merits and in accordance with law. Such exercise shall be done by the third respondent within a period of six weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Asst. Registrar //True Copy// Sub Asst. Registrar To 1.The Chief Secretary to Government Chief Secretariat 2.The District Collector Department of Revenue and Disaster Management Collectorate, Puducherry.
3.The Director of Survey and Land Records Department of Survey and Land Records
4.The Thasildar Settlement-II Directorate of Survey and Land Records +1 CC to M/S.C.RADJASEGARANCE Advocate SR.NO.36639 +1 CC to the Government Pleader SR.NO.37114 W.P.No.7114 of 2019 CO(RK) VC (08/06/2019)