Gowri v. The District Collector
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30-04-2025
CORAM
THE HONOURABLE MR JUSTICE N. ANAND VENKATESH Gowri Petitioner(s) Vs
1. The District Collector Office Of The District Collector, Kallakurichi District 606202.
2.The Tahsildar Kallakuruchi Taluk And District 606202.
3.Block Development Officer Thiyagathurgam Panchayat Union, Kallakurichi District 606202.
4.Firka Surveyor Thiyagathurgam Firka, Kallakurichi Taluk And District 606202.
5.The Village Administrative Officer Vadathorasalur Village And Post, Thiyagathurgam Firka, Kallakurichi Taluk And District 606202.
6.O.S.@ O.Subramanian Respondent(s)
2/7 PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records leading to the impugned order in TN/REV/KKI/P/COLLMGDP/10MAR25/11218403, dated 19.03.2025 on the file of 1st respondent and quash the same as illegal, arbitrary, unsustainable and unconstitutional and further directing the 1st respondent to consider the petitioner's Free House Site Patta Application in TN/REV/KKI/P/COLLMGDP/10MAR25/11218403, dated 10.03.2025. For Petitioner(s):
Mr.J.Agni Selvaraju For Respondent(s):
Mr.P.Sathish Additional Government Pleader for R1 to R5
ORDER
This writ petition has been filed challenging the impugned online rejection order passed by the 1 st respondent dated 19.03.2025 and for a consequential direction to the 1 st respondent to issue house site patta to the petitioner. 2.Heard Mr.J.Agni Selvaraju, learned counsel appearing on behalf of the petitioner and Mr.P.Sathish, learned Additional Government Pleader appearing on behalf of the respondents 1 to 5.
3/7 3.In the considered view of this Court, the petitioner cannot seek for house site patta from the Tahsildar and if at all the petitioner is in possession of the tharisu land, such a request can be made only before the District Collector. Once such a request is made, the District Collector will consider the same in line with G.O.Ms.No.97, dated 21.02.2025.
4.In view of the above, this writ petition is disposed of with a direction to the petitioner to make a fresh representation to the 1 st respondent along with all the relevant documents. On receipt of the same, the 1 st respondent shall consider the same and take a decision, as expeditiously as possible, strictly in line with G.O.Ms.No.97, dated 21.02.2025. No Costs. Consequently, connected miscellaneous petition is closed.
30-04-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes ssr
4/7 To 1.The District Collector Office Of The District Collector, Kallakurichi District 606202.
2.The Tahsildar Kallakuruchi Taluk And District 606202.
3.Block Development Officer Thiyagathurgam Panchayat Union, Kallakurichi District 606202.
4.Firka Surveyor Thiyagathurgam Firka, Kallakurichi Taluk And District 606202.
5.The Village Administrative Officer Vadathorasalur Village And Post, Thiyagathurgam Firka, Kallakurichi Taluk And District 606202.
5/7 W.P.No.14954 of 2025 N.ANAND VENKATESH, J.
The matter was listed under the caption 'For being mentioned' on the ground that the order passed by this Court on 30.04.2025 proceeded on the basis that the rejection was made by the Tahsildar and consequently this Court directed the petitioner to submit a representation before the first respondent, who is the District Collector. However, the application was indeed submitted before the District Collector and the same was rejected without assigning any reasons. While disposing the writ petition, this Court once again directed the petitioner to submit a fresh representation before the first respondent viz., the District Collector along with relevant documents and directed the first respondent to deal with the same as per the Government Order in G.O.Ms.No.97 dated 21.02.2025.
2. Accordingly, paragraph No.3 of the order shall read as under: "
3. The application submitted by the petitioner has been rejected by the first respondent without assigning any reasons. The representation made by the petitioner ought to have been considered by the first respondent in line with G.O.Ms.No.97 dated 21.02.2025."
3. Registry is directed to replace paragraph No.3 as stated above, and issue order
6/7 copy afresh to the parties.
26.06.2025 KST
7/7 N.ANAND VENKATESH J.
ssr 30-04-2025