Abdur Razaq v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.06.2021
CORAM
THE HONOURABLE MR. JUSTICE V.BHARATHIDASAN W.P.Nos. 13189, 13192, 13194, 13196 & 13197 of 2021 Abdur Razaq, S/o. Thangavel ..Petitioner in W.P.No.13189 of 2021 Kala, W/o. Lakshmanan ..Petitioner in W.P.No.13192 of 2021 Indirani, W/o.Parasuraman ..Petitioner in W.P.No.13194 of 2021 Yasodha, W/o. Thulasi ..Petitioner in W.P.No.13196 of 2021 Bharathi, W/o.Logaiya ..Petitioner in W.P.No.13197 of 2021
Versus
1. The District Collector, The District Collector Office, Thiruvallur Post and District.
2. The Tahsildar, Tiruthani Taluk Office, Tiruthani Post and Taluk, Thiruvallur District. ... Respondents in all W.P.s COMMON PRAYER : Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents to consider and pass orders on the representation of the petitioner dated 09.05.2021 with request to issue free patta at Government poramboke land of Valliyammapuram, Kathikeyapuram Panchayat, Saraswathy Nagar - Post, Tiruttani Taluk, Thiruvallur District on par with similar patta issued in proceeding of the District Collector, Thiruvallur dated 04.09.2020.
For Petitioners in all W.P.s : Mr.D.Veerasekaran For Respondents in all W.P.s : Mr.Yogesh Kannadasan, Govt. Advocate
C O M M O N O R D E R (The case has been heard through video conference) These Writ Petitions have been filed seeking to direction directing the 1st respondent District Collector to grant free house site patta.
2. The grievance of the petitioner is that, all the petitioners are in possession of Government poramboke land in Survey No. 324/3, situated at Valliyammapuram, Kathikeyapuram Panchayat, Saraswathy Nagar - Post, Tiruttani Taluk, Thiruvallur District. Earlier, the 1st respondent District Collector has granted free patta to various persons under the category of landless poor persons. Accordingly, all the petitioners have made applications to the 1st respondent District Collector seeking for house site patta. But, so far, those applications are not considered and no order has been passed on it. Hence, the present Writ Petitions have been filed by the petitioners.
3. Mr. D.Veerasekaran, learned counsel appearing for petitioners would submit that, all the petitioners are landless labours and they are residing in the above said survey number for a long time. Earlier, the 1st respondent has granted patta to similarly placed persons in the said Survey number. But, without any reasons whatsoever, the petitioners applications were not considered and the same are pending for a long time. He would also submit that as the petitioners are landless labours and they are residing in the property for a long time, they are entitled for free patta. Hence, the 1st respondent may be directed to consider the petitioners applications and grant patta within a time to be fixed by this Court.
4. Considering the limited prayer sought in these Writ Petitions, without going into the merits of the case, the 1st respondent is directed to consider the petitioners applications and pass suitable orders on merits in accordance with law after hearing all the petitioners within a period of twelve weeks from the date of receipt of copy of this order. Accordingly, these Writ Petitions are disposed of. No costs.
s/d- Assistant Registrar True Copy Sub-Assistant Registrar
To
1. The District Collector, The District Collector Office, Thiruvallur Post and District.
2. The Tahsildar, Tiruthani Taluk Office, Tiruthani Post and Taluk, Thiruvallur District +1 CC to Mr.D.Veerasekaran, Advocate sr 29265. +1 CC to The Government Pleader sr 29753.
W.P.Nos. 13189, 13192, 13194, 13196 & 13197 of 2021 PCH(CO) SP(15/07/2021)