D.Rajeshwari v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.08.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and W.P.No.18059 of 2018 D.Rajeshwari ... Petitioner Vs.

1.The District Collector, Chennai District, Chennai.

2.The Tahsildar, Guindy Taluk, Chennai - 600 032.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, call for the records relating to the order by the 2nd respondent dated 05.04.2018 in Na.Ka.No.A1/0223/2018 quash the same, further directing the 2nd respondent to issue patta in favour of the petitioner.

For Petitioner : Mr.Venkataswamy Babu For Respondents : Mr.G.Krishna Raja Additional Government Pleader

O R D E R

The claim of the writ petitioner is for grant of patta in respect of the Government Poromboke land.

2. Grant of free patta or assignment, is to be granted by the Government under the welfare schemes by scrupulously following the conditions. Landless poor persons alone are eligible to seek free house sites or patta under the Government welfare schemes in force. Free house site patta cannot be claimed as an absolute right by any person. Such schemes are implemented subject to the eligibility and considering the extent of the scheme if any in force.

3. In the present case, the petitioner submitted an application to grant patta in respect of the Government poromboke land. The Tahsildar, Guindy considered the application submitted by the petitioner and made a finding that the petitioner is not in possession of the Government Poromboke land and further, such Government Poromboke land cannot be assigned based on the application submitted by the writ petitioner. The petitioner has not produced any records to establish his eligibility and that being the factum, the

order of rejection passed by the Tahsildar do not suffer from any infirmity or perversity.

4. Accordingly, this Writ Petition stands dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. 25.08.2023 Jeni Index : Yes Speaking order To 1.The District Collector, Chennai District, Chennai.

2.The Tahsildar, Guindy Taluk, Chennai - 600 032.

S.M.SUBRAMANIAM, J.

Jeni 25.08.2023