Madras High CourtWP/42278/2016disposed of

A.Santhi, v. The Commissioner Of Land

2019-09-05Honourable Mr Justice V. Bharathidasan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.09.2019

CORAM

THE HON'BLE MR.JUSTICE V.BHARATHIDASAN W.P.No.42278 of 2016 A.Santhi

...Petitioner

vs.

1. The Commissioner of Land Administration, Ezhilagam, Chennai.

2. The District Collector, Tiruvallur District. Tiruvallur.

3. The Revenue Divisional Officer, Tiruvallur District, Tiruvallur.

4. The District Revenue Officer, Tiruvallur District, Tiruvallur.

5. The Tahsildar, Tiruvallur Taluk, Tiruvallur District.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the 2nd respondent to grant an alternative house site and to issue free house site patta in the petitioner's name by considering the petitioner representation dated 23.06.2016 and for consequential orders.

For Petitioner :

Mr.R.Jayaprakash For Respondents:

Mr.I. Sathish, Additional Government Pleader *****

ORDER

(Order of the Court was made by Mr.V.BHARATHIDASAN, J.) Petitioner has filed this writ petition seeking issuance of Writ of Mandamus directing the 2nd respondent to grant an alternate house site and to issue free house site patta in the petitioner's name by considering the

petitioner's representation dated 23.06.2016 and for consequential orders.

2. The grievance of the petitioner is that she was residing in S.No.240, Veppampattu Village, Tiruvallur Taluk, which was classified as lake poromboke land. In the year 2007, the petitioner and others were evicted from the place with the assurance that they will be alloted with an alternative house sites. On the assurance given by the authority, they vacated the premises. So far no alternative house site has provided to the petitioner. Hence, the petitioner has made a representation dated 23.06.2016 to the second respondent (District Collector) to provide an alternate house site. However, till date no order has been passed by the respondents. Hence, the petitioner has come forward with the present writ petition.

3. Heard the learned counsel appearing for the petitioner and learned Additional Government Pleader appearing for the respondents.

4. Considering the facts and circumstances of the case and without going into merits of the matter, this Court directs the 2nd respondent to consider the petitioner's representation dated 23.06.2016 and pass orders on merits and in accordance with law within a period of twelve (12) weeks from the date of receipt of a copy of this order. Since, the earlier representation has been given in the year 2016, the petitioner is directed to give a copy of the representation to the second respondent immediately enabling him to consider the same. With the above observations, this writ petition is disposed of. No costs.

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