Narayanan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.05.2024 CORAM :
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Writ Petition No. 13092 of 2024
1. Narayanan
2. Radhika .. Petitioners
Versus
1. The District Collector, Ranipet District, Tamil Nadu.
2. Block Development Officer, Sholingar Panchayat Union, Ranipet District, Tamil Nadu.
3. District Rural Development Agency, Ranipet District, Tamil Nadu.
.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 & 2 to grant patta to the petitioners for the Grama Natham land, situated in Survey No.162/89 B in Polipakkam Village, Sholingar Panchayat Union, Ranipet District, measuring to an extent of 0.0120sq,mts allotted to the petitioners on 15.08.2022 by the resolution passed in the Polipakkam Village Panchayat in furtherance of the order passed by the first respondent vide proceedings in O.M.C 1 / 4624/2024 dated 26.04.2024.
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For Petitioner :
Mr.C.Vigneswaran For Respondents :
Mr.S.J.Mohammed Sathik Government Advocate ***
O R D E R
The prayer made in this writ petition is to issue a Writ of Mandamus, directing the respondents 1 & 2 to grant patta for the Grama Natham land, situated in Survey No.162/89 B in Polipakkam Village, Sholingar Panchayat Union, Ranipet District, measuring to an extent of 0.0120 sq,mts allotted to the petitioners on 15.08.2022 by the resolution passed in the Polipakkam Village Panchayat in furtherance of the order passed by the first respondent vide proceedings in O.M.C 1 / 4624/2024 dated 26.04.2024.
2. Mr.S.J.Mohammed Sathik, learned Government Advocate takes notice for the Respondents.
3. By consent of both sides, this Writ Petition is taken up and disposed of at the stage of admission itself.
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4. It is the case of the petitioners is that they are husband and wife and are daily wage labourers. After knowing about the PMAY-G scheme, the petitioners approached the village panchayat council and in furtherance of the same, they were declared as people below the poverty line vide village panchayat resolution dated 01.05.2022. Thereafter the Petitioners made a representation to the Respondents for allotment of land and housing under the PMAY-G scheme, pursuant to which they were alloted land in Survey No.162/89, Polipakkam Village, Sholingar, Panchayat Union, Ranipet District. Thereafter, the Petitioners submitted a representation to the Respondents on 04.08.2023 for the grant of patta to the alloted land, pursuant to which the 1st Respondent issued proceedings dated 27.09.
2023 to take action in this regard and that apart the 3rd Respondent vide order dated 16.10.2023 directed the Block Development Officer, Sholingar to conduct ground enquiry and submit a report on or before 25.10.2023 and the same was also been complied with by the 3rd Respondent, despite which patta has not been granted to the petitioners. While the matter stood thus, the respondents without any showcause notice/intimation destructed the property of the petitioners on 23.04.2024. Hence, the petitioners have filed this Writ Petition seeking for the aforesaid relief.
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5. Though the prayer sought for in this Writ Petition is for a larger relief, the learned counsel for the Petitioners submitted that it would suffice if a direction is issued to the 2nd respondent to consider the petitioner's representation dated 18.04.2024, on merits and in accordance with law, within a time frame to be stipulated by this court, for which, the learned counsel appearing for the respondents has no serious objection. 6.
Considering the limited nature of the relief sought for by the petitioner, without expressing any opinion on the merits of the case, there shall be a direction to the 2nd respondent to consider the petitioner's representation dated 18.04.2024 and pass appropriate orders, on merits and in accordance with law, if they are eligible under the PMAY-G scheme after affording an opportunity of personal hearing to the petitioners, within a period of twelve weeks from the date of receipt of a copy of this order. 7.
With the above direction, this Writ Petition stands disposed of. No costs.
08.05.2024 Index : Yes / No Internet : Yes / No av/arr 4/6
To
1. The District Collector, Ranipet District, Tamil Nadu.
2. Block Development Officer, Sholingar Panchayat Union, Ranipet District, Tamil Nadu.
3. District Rural Development Agency, Ranipet District, Tamil Nadu.
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A.D.JAGADISH CHANDIRA , J.
av/arr Writ Petition No. 13092 of 2024 08.05.2024 6/6