S.Vijayalakshmi v. The Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.07.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ S.Vijayalakshmi
...Petitioner(s)
vs.
1.The Collector, Office of the District Collector, Tirupur District.
2.The Tahsildar, Office of the Tahsildar, Kangayam, Tirupur District.
3.A.Anandhan
...Respondent(s)
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the 2nd respondent to take immediate action as per the orders of 1st respondent vide order No.Moo.Mu.17605/2024/AA3 dated 20.09.2024 based on the petitioner's representation dated 02.09.2024 and restore the free housing land of the petitioner situated at Survey No.74/21, Patta No.657, Mulvadipalayam Village from the 3rd respondent's occupation and hand over to the petitioner. For Petitioner(s) : Ms.U.Parvathivarthini (VC) 1/6
For Respondent(s) : Mr.A.Selvendran 1, 2 Special Government Pleader
ORDER
By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself. In view of the order that this Court proposes to pass and also the limited relief that is sought to be granted, notice to 3rd respondent is dispensed with.
2. The present writ petition is filed praying for a writ of Mandamus to direct the 2nd respondent to act on the orders of the 1st respondent dated 20.09.2024 which is made based on petitioner's representation dated 02.09.2024.
3. It is submitted by the learned counsel for petitioner that petitioner was issued with housing site patta in the year 2008, considering his social and economic background. It is stated that free house site patta was assigned to petitioner in respect of property / land comprised in Survey No.74/21, Mulvadipalayam Village, Kangayam Taluk, Tirupur District. Though, free house site patta was issued to the petitioner, it was noticed that 3rd respondent had occupied the land allotted to the petitioner under the above Scheme, as a result petitioner having been issued with free house site patta under the Free Housing 2/6
Scheme was denied benefit of the same. It is under these circumstances, petitioner submitted a representation to the 1st respondent on 02.09.2024. Thereafter, 1st respondent in turn directed the 2nd respondent to conduct enquiry and forward a report, however, the same is stated to be kept pending till date. Aggrieved, petitioner has come before this Court.
4. On this being pointed out, Mr.A.Selvendran, learned Special Government Pleader for respondents would submit that enquiry would be conducted and appropriate action would be taken after issuing notice and affording reasonable opportunity of hearing to petitioner, 3rd respondent and other interested parties within a time frame to be fixed by this Court. Agreed to by the learned counsel for petitioner.
5. In view thereof, writ petition stands disposed of with a direction to the appropriate authority to conduct enquiry and take appropriate action after issuing notice and after affording reasonable opportunity of hearing to petitioner, 3rd respondent and other interested parties within a period of 12 weeks from the date of uploading of web copy without waiting for receipt of certified copy. It is made clear that this Court has not expressed any views with regard to the merits of the case and it is open to the concerned respondent to consider the case on its own 3/6
merits and in accordance with law. No costs.
11.07.2025 Speaking (or) Non Speaking Order Index : Yes/ No mka 4/6
To:
1.The Collector, Office of the District Collector, Tirupur District.
2.The Tahsildar, Office of the Tahsildar, Kangayam, Tirupur District.
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MOHAMMED SHAFFIQ, J.
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