Meera v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.05.2022 CORAM :
THE HONOURABLE MR. JUSTICE R. MAHADEVAN W.P.No.12200 of 2022 Meera ... Petitioner Vs.
1.The District Collector, Kallakurichi District, Kallakurichi.
2.The Special Tahsildar, Adi-Dravidar Welfare Ulundurpet Taluk, Kallakurichi Taluk 3.The Tahsildar, O/o.Tahsildar, Ulundurpet Taluk, Kallakurichi District.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India to issue a WRIT OF MANDAMUS or any other appropriate Writ, order or direction in the nature of Writ, directing the respondents to made necessary entry in the ARegister as house site on the basis of the petitioner's assignment land No.122 dated 29.12.2000 vide Reference No.Na.Ka.A.No.1211/1997 to consider her representation dated 07.04.2022.
For Petitioner : Mr.S.Saravana Kumar For Respondents : Mrs.Anitha Special Government Pleader
ORDER
This writ petition has been filed for issuance of a Writ of Mandamus directing the respondents to make necessary entries in the A-Register as house site pertaining to the petitioner's land on the basis of assignment bearing No.122, dated 29.12.2000, vide Reference No. Na.Ka.A.1211 of 1997, by considering the petitioner's representation dated 07.04.2022.
2.The case of the petitioner is that she belongs to Adi Dravidar Community. By Reference No.Na.Ka.A.1211 of 1997, the 2nd respondent has granted a free house site bearing No.122 dated 29.12.2000 in favour of the petitioner and also issued patta for the same. Subsequently, the petitioner constructed a hut in the said land and has been in possession and enjoyment of the same, along with her family. While so, she submitted a representation dated 07.04.2022, to the respondents to make necessary entries in the A-Register as "house site" in respect of the said land, so as to enable her to obtain necessary permission from the local bodies for the purpose of construction of a concrete house in the said land. However, till date, no action was taken on the same. Therefore, the petitioner is before this court with this writ petition.
3.The learned counsel for the petitioner submitted that though the petitioner became the absolute owner and was issued with patta in respect of the subject land, no entry was made in the 'A' Register as if the same is a house site, which is necessary for obtaining permission from the Panchayat for constructing a concrete house. Therefore, she submitted a representation dated 07.04.2022 to the respondents, which was not considerd, till date.
4.Whereas, the learned Special Government Pleader taking notice for the respondents fairly submitted that the petitioner's representation would be considered and appropriate orders be passed, on merits, within a time frame to be fixed by this court.
5.Taking note of the facts and circumstances of the case and having regard to the submissions made by the learned counsel on either side, this court directs the respondents to consider the petitioner's representation dated 07.04.2022 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.
6.With the above direction, this writ petition is disposed of. No costs.
Sd/- VACATION OFFICER //True Copy// Sub Assistant Registrar
mkn/ab To 1.The District Collector, Kallakurichi District, Kallakurichi.
2.The Special Tahsildar, Adi-Dravidar Welfare Ulundurpet Taluk, Kallakurichi Taluk 3.The Tahsildar, O/o.Tahsildar, Ulundurpet Taluk, Kallakurichi District.
+1cc to the Government Pleader, S.R.No.31258 W.P.No.12200 of 2022 GP(CO) CT 19/05/2022