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Madras High CourtWP/33986/2017disposed of

S.Venkatasamy (Ex.S.No.6848174 v. The Secretary To Government

2018-01-02Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.01.2018

CORAM

THE HONOURABLE MR.JUSTICE K. RAVICHANDRABAABU W.P.No.33986 of 2017 1.S.Venkatasamy (Ex.S.No.6848174) 2.K.R.Mani (Ex.S.No.56261) 3.V.Padmavathy (Ex.S.No.2547887) 4.S.Seetharaman (Ex.S.No.13671098) 5.K.Indrani (Ex.S.No.1325049) 6.F.Thomasbabu (Ex.S.No.6909588) 7.M.R.Kannan (Ex.S.No. 6285722) 8.L.Vijayalakshmi (Ex.S.No.2558195) 9.A.Mahalakshmiammal (Ex.S.No.1110664) 10.S.Koppammal (Ex.S.No.9504757) 11.B.Krishnankutty (Ex.S.No.292402) 12.S.Venugopal (Ex.S.No.285444) 13.A.Manuvel (Ex.S.No.241301) 14.V.Mani (Ex.S.No.125752 K) 15.P.Thangaraj (Ex.S.No.2565025 P) 16.D.Thangam (Ex.S.No.1343910W) 17.M.Subramanian (Ex.S.No.7029122) 18.S.Vaiyapuri (Ex.S.No.1316010)

19. S.Parthasarathy (Ex.S.No.1320793) 20.M.Paulraj (Ex.S.No.1038533 L) 21.P.Ponnaian (Ex.S.No.2553448 F) 22.Joseph Thangamuthu (Ex.S.No.1198820 M) .. Petitioners versus 1.

The Secretary to Government, Revenue Department, Secretariat, Chennai - 600 009.

2.

The Special Commissioner and Commissioner for Land Administration, Commissionerate of Land Reforms, Ezhilagam, Chepauk, Chennai - 600 005.

3.

The District Collector, Kancheepuram District, Kancheepuram.

4.

The District Revenue Officer, Kancheepuram, Kancheepuram District.

5.

The Tahsildar, Sholinganallur Taluk, Sholinganallur, Kancheepuram District.

...Respondents

Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the fifth respondent to allot 2 1⁄2 cents of house sites in Sholinganallur Village, Survey Nos. 574 to all the petitioners as per the order of the first respondent in G.O.(Ms).No.570 Revenue Ni.Mu.3(2) Department, dated 05.09.2006 and further direct the fifth respondent to allot 50 cents of land for multipurpose to all the petitioners herein as per the communications of the second respondent dated 21.07.2016 and 27.07.2016.

For Petitioners : Mr.P.Kannan Kumar For Respondents : Mr.S.Navaneethan, Additional Government Pleader

O R D E R

Mr.S.Navaneethan, learned Additional Government Pleader takes notice for the respondents. By consent of the parties, the main writ petition is taken up for final disposal at the admission stage itself.

2. All these petitioners are claiming to be the Exservicemen, belonging to an Association formed for the purpose and benefit of those Ex-servicemen. The grievance of the petitioners is that the respondents have not considered their request for allotment of house sites in accordance with G.O. (Ms.)No.570 Revenue Ni.Mu.3(2) Department, dated 05.09.2006, even though they made repeated request / representations to make such allotment. The present writ petition is filed by the petitioners for issue of mandamus directing the fifth respondent to allot 2 1/2 cents of house sites each to the petitioner and allot 50 cents of land for multipurpose to all the petitioners, based on their representations.

3. The learned Additional Government Pleader appearing for the respondents submitted that the request of the petitioners will be considered on merits and appropriate orders will be passed in accordance with law, also by taking note of G.O.(Ms.) No. 570 Revenue Ni.Mu.3(2) Department, dated 05.09.2006.

4. Considering the above stated facts and circumstances, this writ petition is disposed of, by directing the respondents 3 to 5 to consider the representations of the petitioners dated 09.07.2016 and pass orders on the same on merits and in accordance with law, also by taking note of G.O.(Ms.)No. 570 Revenue Ni.Mu.3(2) Department, dated 05.09.2006, after affording an opportunity of hearing to the petitioners and also by verifying the bonafide of their claim. Such exercise shall be done by the respondents 3 to 5 within a period of twelve weeks from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar mk To

1. The Secretary to Government, Revenue Department, Secretariat, Chennai - 600 009.

2. The Special Commissioner and Commissioner for Land Administration, Commissionerate of Land Reforms, Ezhilagam, Chepuak, Chennai - 600 005.

3. The District Collector, Kancheepuram District, Kancheepuram.

4. The District Revenue Officer, Kancheepuram, Kancheepuram District.

5. The Tahsildar, Sholinganallur Taluk, Sholinganallur, Kancheepuram District.

+7ccs to Mr.P.Kannan Kumar, Advocate, S.R.No.65 +1cc to the Government Pleader, S.R.No.156 W.P.No.33986 of 2017 CS/09/01/18