N.Elumalai v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.06.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.34880 of 2014 and M.P.No.1 of 2014 1.N.Elumalai 2.R.Perumal 3.S.Ramya 4.P.Ramachandran 5.A.Poongavanam 6.M.Shanmugapriya 7.R.Pushparaj 8.K.Saravanan 9.N.Sagunthala 10.A.Alamelu Ammal 11.R.Govindammal 12.A.Ibrahim 13.G.Hanif 14.E.Sanjala 15.E.Manonmani 16.K.Govindaraj 17.K.Kuppammal 18.P.Kamalakshmi 19.P.Ammu 20.K.Viruthambal 21.R.Kamalakanni 22.E.Rajaram 23.K.Valliyammal 24.K.Thayammal 25.V.Arumugam 26.S.Murugan 1/6
27.E.Subramani 28.V.Perumal Gounder 29.C.Subramani ... Petitioners Vs 1.The District Collector, Villupuram District, Villupuram.
2.The District Revenue Officer, Villupuram District, Villupuram.
3.The Revenue Divisional Officer, Tindivanam, Villupuram District.
4.The Tahsildar, Gingee, Villupuram District.
5.The Executive Officer, Gingee Town Panchayat, Gingee, Villupuram District.
6.The Chairman, Gingee Town Panchayat, Gingee, Villupuram District.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned order in Na.Ka.No.A2/18/2014 dated 07.10.2014 and 28.10.2014 on the file of the 5th respondent and quash the same and consequently direct the respondents to issuance of house site patta under the special scheme of the respondents for the said houses of the petitioners herein within a stipulated time based on the petitioner's representation dated 15.10.2014.
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For Petitioners : Mr.K.Murugesan For Respondents : Mr.D.Ravichander Special Government Pleader for R1 to R4 : No appearance for R5 & R6
ORDER
The relief sought for in the present writ petition is to quash the order of rejection dated 07.10.2014 and direct the respondents to issue house site patta in favour of the petitioners under the Special Scheme.
2. The order impugned reveals that the petitioners had encroached upon water body and thereafter submitted an application seeking patta. The subject property has been classified as 'Eri (Vup)' and therefore, the authorities are not empowered to grant patta in respect of the water body.
3. The learned counsel for the petitioners made a submission that the petitioners are already evicted from the water body and whether alternate accommodation has been given or not is not known to the learned counsel appearing on behalf of the petitioners.
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4. Alternate accommodation can never be claimed as an absolute right and it is to be granted under the Scheme if any and by following the procedures as contemplated. However, the subject property is a water body and the petitioners had already been evicted from the water body. That being the factum, no further consideration is required as far as the relief sought for by the petitioners is concerned and it is for the petitioners to submit an application if they are otherwise eligible for any allotment or otherwise in the manner known to law. Accordingly, the Writ Petition stands dismissed. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is also dismissed. 06.06.2023 Index : Yes Speaking Order : Yes Sgl To 1.The District Collector, Villupuram District, Villupuram.
2.The District Revenue Officer, Villupuram District, Villupuram.
3.The Revenue Divisional Officer, Tindivanam, Villupuram District.
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4.The Tahsildar, Gingee, Villupuram District.
5.The Executive Officer, Gingee Town Panchayat, Gingee, Villupuram District.
6.The Chairman, Gingee Town Panchayat, Gingee, Villupuram District.
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S.M.SUBRAMANIAM, J.
Sgl 06.06.2023 6/6