M.Shanthi, v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 13.02.2015
CORAM
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM WP.No.3744/2015 & MP.No.1/2015 1.M.Shanthi 2.S.Subbulakshmi 3.Valarmathi 4.Mohanambal @ Mohanasundari 5.Pounambal 6.Kannammal 7.Rukmani 8.Chitheeswari 9.Ammaniammal 10.Kaliyammal 11.Devathal 12.Saraswathi 13.Pavayammal 14.Vasanthi 15.Angammal 16.Palaniammal 17.Shanthi 18.Saraswathi 19.Mylathal 20.Saraswathi 21.Chinnammal
...Petitioners
Versus
1. The District Collector Erode District, Erode.
2. The Tahsildar Erode Taluk, Erode, Erode District.
3. The Special Tahsildar Backward Class Welfare Department Collectorate, Erode.
4. The Inspector of Police Arachalur Police Station Arachalur, Erode Taluk and District.
...Respondents
Writ petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the respondents 2 and 3 to permit the petitioners to put up huts/construct the house in RS.No.732., Thuyampoondurai Village, Erode Taluk and District as per free house site patta issued by the 2nd respondent herein. For Petitioners :
Mr.C.Prakasam For Respondents :
Mr.S.Gunasekaran, GA
ORDER
Heard Mr.C.Prakasam, learned counsel for the petitioners and Mr.S.Gunasekaran, learned Government Advocate appearing for the respondents and with their consent, the writ petition is disposed of at the admission stage itself.
2.The petitioners seek for issuance of a writ of mandamus to direct the respondents 2 and 3 to permit the petitioners to put up huts/construct the house in RS.No.732., Thuyampoondurai Village, Erode Taluk and District as per free house site patta issued by the 2nd respondent herein.
3.The petitioners would state that free house site patta was granted to them on 31.03.1993 and since the area is a low lying area, the lands are fully water-logged for about six months in a year. Therefore, they were not in a position to put up huts/construct houses. Subsequently, when they approached the respondents for grant of financial assistance under the Green House Scheme, they were directed by the officials concerned to level the land and only thereafter, their request for grant of patta can be considered. While so, the petitioners apprehend that the patta will be cancelled and the lands will be allotted to certain politically influenced persons. The correctness of this submission cannot be considered at this stage of the matter. However, it would be suffice to observe that as long as the assignment of patta granted in favour of the
petitioners has not been cancelled or revoked, the petitioners are entitled to enjoy the property in terms of the patta granted. However, if the patta has already been cancelled or revoked, then the benefit of the above observation will not be available to the petitioners.
4.With the above observation, the writ petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar AP To
1. The District Collector Erode District, Erode.
2. The Tahsildar Erode Taluk, Erode, Erode District.
3. The Special Tahsildar Backward Class Welfare Department Collectorate, Erode.
4. The Inspector of Police Arachalur Police Station Arachalur, Erode Taluk and District.
1 CC to Mr.C.Prakasam, Advocate SR.No. 7944 WP.No.3744/2015 and M.P.No.1 of 2015 RSY(CO) PSI (13.02.2015)