Sudha v. The District Colelctor

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.06.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Smt.Sudha ... Petitioner Vs.

1. The District Collector, Namakkal District, Namakkal.

2. The Thasildar, Rasipuram Taluk, Namakkal District.

3. The Backward and Most Backward Welfare Officer, Office of the Backward and Most Backward Welfare Department, Namakkal Taluk and District.

4. The Special Tahsildar, Adi Dravidar Welfare, Namakkal District.

... Respondents (R4 is suo motu impleaded vide Court order dated 01.06.2023 in W.P.No.13348 of 2023 by MDIJ)

PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents, particularly, the second respondent to issue 'No Objection Certificate' for availing the loan for the petitioner's house property bearing No.390/5, Athur Main Road, Namagiripettai, Rasipuram Taluk, Namakkal District, Plot No.83, Comprised in Survey No.123/1, to an extent of 0.02 cents on the basis of the petitioner's representations dated 01.06.2022 and 31.10.2022. For Petitioner :

Mr.R.Thanjan For Respondents :

Mr.E.Veda Bagath Singh Special Government Pleader

O R D E R

This Writ Petition has been filed for a direction to the respondents, particularly, the second respondent to issue 'No Objection Certificate' for availing the loan for the petitioner's house property bearing No.390/5, Athur Main Road, Namagiripettai, Rasipuram Taluk, Namakkal District, Plot No.83, Comprised in Survey No.123/1, to an extent of 0.02 cents on the basis of the petitioner's representations dated 01.06.2022 and 31.10.2022.

2. This Court had suo motu impleaded the Special Tahsildar, Adi Dravidar Welfare, Namakkal District as fourth respondent.

3. The case of the petitioner is that the petitioner is residing in the aforesaid address, which was allotted under the scheme of houseless people by the third respondent on 22.01.2008. The petitioner has commenced for construction, for which, she approached the Indian Bank, Rasipuram Branch, Rasipuram for availing a loan and they required a 'No Objection Certificate' from the concerned Tahsildar, i.e., second respondent. Therefore, the petitioner has made representations dated 01.06.2022 and 31.10.2022 to the respondents, but the same has not been considered. Hence, the present Writ Petition has been filed.

4. Though very many grounds have been raised in the present Writ Petition, it would suffice, if this Court may issues a direction to the concerned respondent to consider the petitioner's representation dated

31.10.2022 and pass appropriate orders, within a time frame that may be fixed by this Court.

5. The learned Special Government Pleader appearing for the respondents has no serious objection for such an order being passed by this Court.

6. Heard learned counsel appearing on either side and perused the materials placed before this Court.

7. Considering the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the matter, directs the concerned respondent to consider the petitioner's representation dated 31.10.2022 and pass appropriate orders, on merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this order.

8. With the above directions, this Writ Petition is disposed of. No costs.

01.06.2023 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji To

1. The District Collector, Namakkal District, Namakkal.

2. The Thasildar, Rasipuram Taluk, Namakkal District.

3. The Backward and Most Backward Welfare Officer, Office of the Backward and Most Backward Welfare Department, Namakkal Taluk and District.

4. The Special Tahsildar, Adi Dravidar Welfare, Namakkal District.

M.DHANDAPANI,J.

vji 01.06.2023