R.Nithya v. The District Collector
In the High Court of Judicature at Madras Dated: 16.11.2015 Coram:
The Hon'ble Mr.Justice M.M.Sundresh Writ Petition No.36310 of 2015 and M.P.No.1 of 2015 1 R.Nithya 2 R.Saraswathi 3 K.Muniyammal 4 S.Revathi 5 M.Palaniyammal 6 P.Sangeetha 7 E.Malar 8 R.Sathyapriya 9 M.Komathi 10 S.Suganthi 11 V.Muniyammal 12 M.Kuppaiyee 13 R.Alagammal 14 Renuga 15 M.Alagammal 16 R.Valliyammal 17 Lakshmi 18 Abina 19 V.Santhi 20 S.Yasodha 21 P.Chinnaponnu 22 A.Komathi 23 K.Saranya 24 R.Ramya 25 Manikandan 26 A.Kasthuri 27 A.Rani 28 S.Sandhiya 29 S.Kamatchi 30 S.Kavitha 31 V.Prema 32 M.Latha 33 S.Maragatham 34 T.Chithra 35 V.Mahalakshmi 36 Vasantha 37 P.Kaliyammal 38 Minichi 39 Ammasi 40 Jagadha 41 Dhanasekaran 42 Pappathi
43 Jayammal 44 Andiyammal 45 Sumathi 46 Santhi Geetha 47 Govindammal 48 Chandrakala 49 P.Suguna 50 Kamala ... Petitioners Vs 1 The District Collector O/o.The District Collector Salem District Salem.
2 The District Adhi Diravidar Welfare Officer O/o. District Adhi Diravidar Welfare Office Salem.
3 The Special Tahsildhar Adhi Diravidar Welfare Department Omalur Salem District.
...
Respondents Prayer: Petition is filed under Article 226 of the Constitution of India praying to issue a writ of mandamus, to direct the respondents to issue Patta for the lands comprised in survey No. 283/1B Veerakkal Village Mettur Taluk Salem District in favour of the petitioners by considering their representations dated 01.12.2014 For petitioner :
Mr.D.Balachandran For Respondents :
Mr.R.E.S.Senthilvel,AGP
O R D E R
It is seen from the records that a communication was sent by the 2nd respondent to the 3rd respondent in Na.Ka.No.85653/05/D8 dated 14.8.2013 on the representation of one Velu dated 2.8.2013 to take appropriate action towards the consideration of house pattas to 54 persons. Thereafter, the petitioners made a representation on 1.12.2014 to the 3rd respondent seeking issuance of patta. A reply was given by the 3rd respondent on the representation made by the 1st petitioner dated 9.12.2014 in Na.Ka.195/2014/A dated 9.12.2014 stating that action is being taken by referring the same to the 2nd respondent to cancel the pattas given in favour of the 35 persons already in survey No.283/1 and hence further action can be taken on the request made by the petitioners only thereafter. Now seeking a direction to the respondents to issue patta for the above said land situated in Survey No.283/1B, Veerakkal Village Mettur Taluk Salem District, the petitioners have come forward to file this writ petition.
2. Heard the learned counsel appearing for the petitioners and the learned Additional Government Pleader appearing for the respondents.
3. The above said facts would show that the request of the petitioners can only be considered after appropriate orders are passed by the 2nd respondent on the issue of cancellation of pattas said to be given wrongly in favour of 34 persons. Therefore, unless and until a decision is taken thereon, the request of the petitioners cannot be considered for issuance of fresh house site pattas.
4. Therefore, the writ petition stands disposed of by directing the 2nd respondent to pass appropriate orders on the communication sent by the 3rd respondent towards the cancellation of house site pattas said to have been given wrongly in favour of 34 members for Survey No.283/1. Such decision will have to be taken by the 2nd respondent within a period of eight weeks from the date of receipt of copy of this order. Thereafter, appropriate orders will have to be passed based upon the same by the 3rd respondent within a period of six weeks thereafter. No costs. Consequently, the connected miscellaneous petition is closed.
Sd/- Asst.Registrar (CCC) /true copy/ Sub Asst. Registrar Usk To 1 The District Collector O/o.The District Collector Salem District Salem.
2 The District Adhi Diravidar Welfare Officer O/o. District Adhi Diravidar Welfare Office Salem.
3 The Special Tahsildhar Adhi Diravidar Welfare Department Omalur, Salem District. +1 cc to The Government Pleader, sr.62028 + 1 cc to Mr.D.Balachandran, Advocate Sr 61713 (27/1/16) W.P.No.36310 of 2015 vd co kra 08.12.2015