M.Pushpalatha, v. The State,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :: 22-06-2015
CORAM
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN WRIT PETITION No.17673 OF 2015 1.M.Pushpalatha 2.Amuthavalli 3.Pattammal 4.Kantha 5.Vallyammal 6.Kalyani 7.Gnansekaran 8.Vinodhkumar 9.Subramani 10.W.S.Venugopal ...
Petitioners -vs1.The State, rep.by its Secretary, Department of Backward Classes, Backward Classes Muslims, Most Backward Classes and Denotified Communities, Fort St.George, Secretariat, Chennai-600 009.
2.The Special Commissioner and Land Administrative Commissioner, Chepauk, Chennai-600 005.
3.The District Collector, Vellore District.
4.The Tahsildar, Land Acquisition, Adi Dravidar Welfare, Walajapet Taluk, Vellore District.
...
Respondents Writ Petition has been filed, praying for issuance of a writ of mandamus, directing the respondents 3 and 4 to consider the petitioners' representation, dated 28.05.2015, seeking for free house site pattas to the petitioners from the Government lands within Ranipet Town Panchayat, Vellore District.
For petitioner : Mr.A.Nagarathinam For respondents : Mr.M.Digvijaya Pandian, Addl.Govt.Pleader.
O R D E R
By consent, the Writ Petition is taken up for final disposal.
2. The petitioners claim that they are entitled to free house site pattas in respect of the Government lands comprised in T.S.Nos.2/1, 2, 15,16 and 17, situated in Block No.6; T.S.No.2/9, in Block No.12 in Ward A; T.S.No.21 in Block No.14 in Ward C and T.S.No.9/2 in Block No.21 in Ward D of Ranipet Town Panchayat, and, though they have submitted many a representation to the respondents, they have not been favoured with any response.
3. According to the petitioners, one Sankar, who was similarly placed, had filed a writ petition vide W.P.No.27902 of 2010, praying for similar relief, and, this Court, while disposing of the said Writ Petition, on 25.04.2013, took note of the instructions given by the Tahsildar, Adi Dravidar Welfare, Walajapet, stating that already lands in T.S.No.2/9 have been acquired through private negotiations for grant of house pattas and the petitioner's name figures in the beneficiaries for allotment under Serial No.23 and once the acquisition proceedings are over, free house pattas would be given to the beneficiaries.
4. It is the further claim of the petitioners that they are also similarly placed to that of Sankar and, hence, they are entitled to free house site pattas. In this regard, the petitioners have also relied upon a Government Order in G.O.Ms.No.115, Backward Classes and Most Backward Classes Welfare Departments, dated 15.06.1990.
5. Learned counsel for the petitioner, by drawing the attention of this Court to the typed set of papers and also the representation to the respondents, dated 28.05.2015, has submitted that it would be sufficient, if the respondents 3 and 4 are directed to dispose of the representation of the petitioners within a stipulated time.
6. Heard Mr.M.Digvijaya Pandian, learned Additional Government Pleader, who took notice on behalf of the respondents.
7. This Court, considering the fact that the relief sought for is limited in nature, without going into the merits of the case, directs the respondents 3 and 4 to dispose of the representation of the petitioners, dated 28.05.2015, in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken thereon to the petitioners.
8. Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar True Copy Sub Assistant Registrar To 1.The Secretary to Government, Department of Backward Classes, Backward Classes Muslims, Most Backward Classes and Denotified Communities, Fort St.George, Secretariat, Chennai-600 009.
2.The Special Commissioner and Land Administrative Commissioner, Chepauk, Chennai-600 005.
3.The District Collector, Vellore District.
4.The Tahsildar, Land Acquisition, Adi Dravidar Welfare, Walajapet Taluk, Vellore District.
+1 cc to Mr.A.Nagarathinam, Advocate,SR.30686 +1 cc to Government Pleader,Sr.30565.
Rj(co) krd 8/7 W.P.No.17673/2015