K.Ramalingam v. The District Collector

2024:MHC:2126

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.06.2024 CORAM :

THE HONOURABLE DR.JUSTICE ANITA SUMANTH K.Ramalingam .. Petitioner vs 1.The District Collector, Collectorate Kallakuruchi, Kallakuruchi District.

2.The Block Development Officer, Ulundurpettai Taluk, Kallakuruchi District.

3.Ramya .. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the 1st respondent to dispose the petitioner's representation dated 26.12.2023 and to cancel the house loan allotted to the 3rd respondent under Pradhama Mantri Awas Yojana (PMAY).

For Petitioner :

Mr.C.R.Gobinaath For Respondents :

Mr.M.R.Gokul Krishnan Additional Government Pleader for R1 Mr.P.Raghavan for Ms.E.Indhumathi for R2 1/4

ORDER

Mr.M.R.Gokul Krishnan, learned Additional Government Pleader, accepts notice for R1 and Mr.P.Raghavan, learned counsel, for Ms.E.Indhumathi, learned counsel, accepts notice for R2 and both learned counsel are armed with necessary instructions to enable a final disposal of this matter now.

2.

In light of the order proposed to be passed now, no notice is issued to R3 whose interest have been duly protected by virtue of the directions issued in this order.

3.

The petitioner's prayer is for a mandamus directing disposal of his representation dated 26.12.2023, wherein, he has sought cancellation of house land that has been allotted for R3 under Pradhama Mantri Aawas Yojana Scheme(PMAY).

4.

According to petitioner, R3 has obtained loan on the strength of her claim that she is the owner of the property in Old Survey No.162/15, New Survey No.194/6, Sikkadu Village, Ulundurpettai Taluk, Kallakuruchi District (property in question). The petitioner disputes the aforesaid position pointing out that he has filed a suit in O.S.No.66 of 2023 pending before the Principal District Munsif Court, Ulundurpet. It is however unclear as to whether R3 has been arrayed as defendant in that suit and learned counsel for the petitioner is also not in a position to confirm the same.

5.

In view of the fact that several factual details would have to 2/4

be taken note of in order to appreciate the plea of the petitioner, it would suffice to direct R1 to dispose representation dated 26.12.2023 after hearing the petitioner and R3.

6.

Mandamus is hence issued to R1 to hear the petitioner and R3 and pass orders on the representation dated 26.12.2023, in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

7.

Writ petition stands disposed in terms of this order. No costs. 03.06.2024 Index:Yes/No ssm To 1.The District Collector, Collectorate Kallakuruchi, Kallakuruchi District.

2.The Block Development Officer, Ulundurpettai Taluk, Kallakuruchi District.

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DR. ANITA SUMANTH,J.

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