A.R.E.Vishnu Balaji v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 8/10/2020 C O R A M THE HONOURABLE MR. JUSTICE M.M. SUNDRESH AND THE HONOURABLE Mrs. JUSTICE HEMALATHA Writ Petition No.12564 of 2020 A.R.E.Vishnu Balaji ...

Petitioner Vs

1. The District Collector Tirupur District.

2. The Revenue Divisional Officer RDO Office Tiruppur District.

3. The Tahsildar Palladam Taluk

4. The Special Tahsildar Adi Dravidar Welfare Department Tiruppur.

5. The Adidravidar Welfare Officer Tiruppur District.

6. The Panchayat Board President Ganapathipalayam Palladam Taluk Tiruppur

7. The Village Administrative Officer Ganapathipalayam Palladam Taluk Tiruppur

8. The Village Administrative Officer Pethampalayam Palladam Taluk Tirupur.

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9. Sarojini

10. Jothimani

11. U. Ammakkannu

12. Jothi

13. M. Devi

14. Saraswathi

15. Maragatham

16. S. Gowri

17. Sudhamani

18. Brundha

19. Arumugam ...

Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of certiorarified mandamus to call for the records of the first respondent in his proceedings bearing Ni.A.No.390.1997/A and Na.Ka.6847/2009/Ka1 dated 3/9/2019 pertaining to the list of beneficiaries dated 18/11/2019 issued for free house site pattas through Adi Dravidar and Tribal Welfare Department in the colony situated in S.No.334/3b, Ganapathipalayam Village, Tiruppur, and quash the beneficiary list on the ground that the same is arbitrary, illegal and consequently, direct the respondents 1 to 5 to cancel the pattas and conduct fresh enquiry to issue new list of persons eligible to obtain free house site pattas. For petitioner ...

Mr.Sam Jayaraj Houston For respondents ...

Mr.R.Vijayakumar Additional Government Pleader for R.R.1 to 3.

Mr.N.Umapathi for R.R.4 to 19.

O R D E R

(Delievered by M.M.SUNDRESH,J) Instant writ petition has been filed to quash the order passed by the first respondent in his proceedings bearing Ni.A.No.390.1997/A and Na.Ka.6847/2009/Ka1 dated 3/9/2019 pertaining to the list of beneficiaries dated 18/11/2019 issued for free house site pattas through Adi Dravidar and Tribal Welfare Department in the colony situated in S.No.334/3b, Ganapathipalayam Village, Tiruppur, and consequently, direct the respondents 1 to 5 to cancel the pattas and conduct fresh enquiry to issue new list of persons eligible to obtain free house site pattas.

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2. The matter has been listed today, under the caption "For Being Mentioned."

3. Vide, order, dated 28/9/2020, this Court had passed the following order:- "Post on 14/10/2020 for filing counter and disposal.

In the meanwhile, no fresh allotment/patta to be given."

4. Learned counsel appearing for the petitioner submitted that instead of uploading the order dated 28/9/2020, a different order has been uploaded in the website.

5. Mr.N.Umapathi, learned counsel appearing for the respondents 4 to 19 submitted that nothing survives in this writ petition, since the order under challenge, dated 3/9/2019 followed by the list of beneficiaries dated 18/11/2019 are no longer in vogue, as the said orders stood cancelled by a subsequent order passed on 14/8/2020.

6. Mr.R.Vijayakumar, learned Additional Government Pleader also acknowledged the above said factual position.

7. In view of the above, nothing survives for adjudication in this writ petition. Accordingly, the same shall be disposed of, by recording the statement made by the learned counsel for the respondents 4 to 19 that order dated 3/9/2019 has been cancelled by a subsequent order, dated 14/8/2020. No costs. Consequently, connected Miscellaneous Petitions are closed.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar mvs To

1. The District Collector, Tiruppur District. 3/4

2. The Revenue Divisional Officer, RDO Office, Tiruppur District.

3. The Tahsiladar, Palladam Taluk.

4. The Special Tahsildar, Adidravidar Welfare department, Tiruppur.

5. The Adidravidar Welfare Officer, Tiruppur District.

6. The Panchayat Board President, Ganapathipalayam, Palladam Taluk Tiruppur.

7. The Village Administrative Officer, Ganapathipalayam, Palladam Taluk, Tiruppur

8. The Village Administrative Officer, Pethampalayam Palladam Taluk, Tiruppur.

+1 cc to M/s.Sarvabhauman Associates sr33454 +1 cc to M/s.N.Umapathi Advocate sr33343 Writ Petition No.12564 of 2020 sal(co) aa14/10/2020 4/4