Madras High CourtWP/22029/2014disposed of

Subramani v. The District Collector

2015-03-18Honourable Mr Justice T. S. Sivagnanam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 18-03-2015

CORAM:

THE HONOURABLE MR. JUSTICE T.S. SIVAGNANAM W.P.No.22029 of 2014 Subramani S/o.Kannan 35 Ayanperaiyur Village and Post Veppanthattai Vattam Perambalur District.

...Petitioner

Vs 1 The District Collector Perambalur.

2 The Block Development Officer (Va.Uoo) Veppanthattai Panchayat Union Perambalur District.

...Respondents

Petition filed under Article 226 of the Constitution of India praying for issue of writ of mandamus directing the first respondent to take appropriate action on the representation of petitioner dated 15.07.2013 and further direct him to hand over the keys of Samathuvapuram House allotted to him as per order of 2nd respondent in his proceedings Na.Ka.No. A2/1671/2013 dated 08.03.2013.

For petitioner :

Mr. A. Arunbabu For respondents :

Mr. R. Vijayakumar, AGP for RR1 and 2

ORDER

Heard Mr. A. Arunbabu, learned counsel for the petitioner and Mr. R. Vijayakumar, learned Additional Government Pleader appearing for the respondents and perused the materials available on record. 2.

The petitioner seeks for a direction to the first respondent to take appropriate action on his representation dated 15-07-2013 and to direct him to handover the keys of Samathuvapuram House allotted to him as per order of the second respondent. The

petitioner is a physically challenged person suffering from 80% hearing impairment. The petitioner applied for allotment of a house in the Samathuvapuram Complex in Ayyanperaiyur Panchayat, Veppanthattai Panchayat Union, Perambalur District. The petitioner's application was considered and he was found eligible and vide proceedings dated 08-03-2013, the petitioner was allotted a house bearing door No.25. The allegation is that the second respondent has obtained a letter from the petitioner stating as if the petitioner does not require the allotment and seeks for cancellation. The petitioner would state that at no point of time, he had opted for cancellation and he is a person suffering from disability and taking advantage of his disability, the petitioner's right are being interfered. In this regard, a representation is pending before the first respondent.

In the light of the above, since a representation dated 15-07-2013 is pending consideration before the first respondent, the first respondent is directed to pass orders on the same on merits and in accordance with law, taking into consideration the fact that the petitioner has been allotted a house in Samathuvapuram complex and the same stood cancelled subsequently without the consent of the petitioner. Such an exercise shall be completed by the first respondent, within a period of eight weeks from the date of receipt of a copy of this order. 4.

The writ petition is disposed of, accordingly. No costs. Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar glp To 1 The District Collector Perambalur.

2 The Block Development Officer (Va.Uoo) Veppanthattai Panchayat Union Perambalur District

1 CC to the Government Pleader, SR.No. 15622 1 CC to Mr. R. Vijayakumar, Advocate SR.No. 15677 1 CC to Mr.S.Sounthar, Advocate SR.No. 15728 W.P.No.22029 of 2014 JSV (CO) PSI (01.04.2015)