R.Govindasamy v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.10.2021
CORAM
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P.No. 14812 of 2021 R. Govindasamy ..Petitioner
Versus
1.The District Collector, Dharmapuri District, Collector Office Compound, Dharmapuri - 636 705.
2.The District Adhi Dravidar Welfare Officer, Dharmapuri District, Collector Office Compound, Dharmapuri - 636 705.
3.The Special Thasildar (Adhi Dravidar Welfare) Dharmapuri District, Collector Office Compound, Dharmapuri - 636 705.
...Respondents
Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to issue No Objection Certificate (NOC) to the plot No.50, in Survey No.286 at A.Reddihalli Village, Dharmapuri Taluk and District allotted to the petitioner by way of an assignment Patta proceedings dated 15.05.1986 in Na.Ka.No.956 of 1985 based on the petitioner's representation dated 15.06.2021. For Petitioner : Mr.Vijay Anand For Respondents : Mr.Yogesh Kanndasan Government Advocate
O R D E R
This Writ Petition is filed for issuing a Writ of Mandamus to direct the respondents to issue No Objection Certificate (NOC) to the plot No.50, in Survey No.286 at A.Reddihalli Village, Dharmapuri Taluk and District allotted to the petitioner by way of an assignment Patta proceedings dated
15.05.1986 in Na.Ka.No.956 of 1985 based on the petitioner's representation dated 15.06.2021.
2. The case of the petitioner is that the petitioner is the permanent resident of the above said address and he is down trodden native of the village for the past several decades finding it very difficult without having permanent shelter for his livelihood. In the meanwhile, the Government of Tamil Nadu has acquired the land comprised in Survey No.286 situated at A.Reddihalli Village, Dharmapuri Taluk and District for the purpose of allotment of house site and patta for the really needy people in the Boyar Community alone during the year 1986. After completion of land acquisition proceedings, the 3rd respondent/Special Tahsildar (Adhi Dravidar Welfare) has allotted a house site in plot No.50 admeasuring 0.03 cents and issued an assignment Patta vide proceedings dated 15.05.1986 in Na.Ka.No.
956/85 and he is in possession and enjoyment of the same till date without any hindrance. While so, in order to develop the said plot and also for obtaining planning permission and other related approvals, he is in need of No Objection Certificate from the 2nd respondent. Even as per the conditions of the said assignment patta given to him, if at all for any development or sale, the petitioner to get No Objection Certificate is to be obtained from the Competent Authorities concerned. Therefore, he made a representation dated 15.06.2021 before the respondents herein for obtaining No Objection Certificate with regard to the aforesaid property from the respondents by way of registered post. On receipt of such representation, the respondents have not taken any action on his representation.
Therefore, the petitioner has come forward with the present writ petition.
3. The learned counsel appearing for the petitioner submitted that the petitioner will be satisfied if a direction is issued to the respondents to consider the petitioner's representation dated 15.06.2021 and dispose of the same within a stipulated time that may be framed by this Court.
4. Having regard to the limited scope of the prayer that is now sought for in this writ petition before this Court and taking into account the submissions made on either side, without expressing any opinion on the merits of the petitioner's representation or the case pleaded by the petitioner in the present writ petition, the Writ Petition is disposed of, the petitioner is hereby directed to appear for enquiry before the respondents to be conducted on 08.11.2021 along with all the Revenue Records to show that the petitioner is the owner of the property comprised in Survey No.286, A.Reddihalli Village, Dharmapuri Taluk and District. After completion of enquiry, the respondents are hereby directed to consider the petitioner's
representation dated 15.06.2021 and pass appropriate orders, on merits and in accordance with law, after issuing notice to the petitioner and necessary parties within a period of twelve weeks from the date of receipt of a copy of this order. No costs. s/d- Assistant Registrar True Copy Sub-Assistant Registrar msm To 1.The District Collector, Dharmapuri District, Collector Office Compound, Dharmapuri - 636 705.
2.The District Adhi Dravidar Welfare Officer, Dharmapuri District, Collector Office Compound, Dharmapuri - 636 705.
3.The Special Thasildar (Adhi Dravidar Welfare) Dharmapuri District, Collector Office Compound, Dharmapuri - 636 705.
+1 CC to Mr.M. Vijay Anand, Advocate sr 54460. +1 CC to The Government Pleader sr 55388.
W.P.No. 14812 of 2021 SS(CO) SP(11/11/2021)