Amutha v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.06.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and W.M.P.No.14980 of 2023 1.Mrs.Amutha 2.Mrs.Maragatham 3.Mrs.Chitra 4.Mrs.Kanchana ... Petitioners Vs.
1.The District Collector Tiruppur Tiruppur District.
2.The District Adi Dravidar Welfare Officer Office of the District Collector Tiruppur District.
3.The Special Tahsildar Adi Dravidar Welfare Department Tiruppur District.
4.The Village Administrative Officer Iduvai Village Tiruppur (South).
... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing first respondent to consider their representation dated 06.03.2023 consequently direct the third respondent to issue free House-site pattas to the petitioner as well as 3 others. For Petitioners : Mr.R.Mansoor Ilahi For Respondents : Mr.S.Ravichandran Additional Government Pleader
O R D E R
The writ of mandamus has been instituted to direct the 1st respondent to consider the representation submitted by the 1st petitioner on 06.03.2023 to grant free house site patta in favour of the petitioner as well as other three petitioners.
2. Grant of free house site patta cannot be claimed as a matter of right by the persons, who are submitting applications. Free house site pattas are granted by way of welfare scheme by the Government and it is to be granted scrupulously in accordance with the terms and conditions stipulated under the scheme. Eligible persons are to be sorted out and free patta is to be granted
strictly in accordance with the eligibility criteria and by following the procedures as contemplated. There cannot be any discrimination in the matter of grant of the free patta to the eligible persons, which is to be considered based on various other facts.
3. High Court cannot issue any direction to consider representation for grant of free house site patta, since it is a welfare scheme and mere scheme would not provide any cause for the purpose of instituting a writ proceeding. Only in the event of violations, discrimination or otherwise, while implementing the scheme, then the cause would arise for the purpose of filing a writ petition.
4. In the present case, merely issuing a direction to consider a representation would do no service to the cause of justice. The litigant will be back again by way of another writ petition and therefore, the applications submitted by all the eligible persons under the scheme is to be considered in accordance with the procedures set out under the scheme by the Government. Thus, the relief as such sought for cannot be considered
5. Accordingly, this Writ Petition stands dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. 02.06.2023 Jeni Index : Yes Speaking order To 1.The District Collector Tiruppur Tiruppur District.
2.The District Adi Dravidar Welfare Officer Office of the District Collector Tiruppur District.
3.The Special Tahsildar Adi Dravidar Welfare Department Tiruppur District.
4.The Village Administrative Officer Iduvai Village Tiruppur (South).
S.M.SUBRAMANIAM, J.
Jeni 02.06.2023