M.Dhanakodi, v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.11.2022
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.9960 of 2016 and W.M.P.No.9000 of 2016
1. M.Dhanakodi
2. Ranjitha
3. Vellaiyammal
4. Muthulakshmi
5. Kannammal
6. Banu Priya
7. Ayyammal ... Petitioners vs.
1. The District Collector, Collectorate, Ariyalur.
2. The Tahsildar, Ariyalur Taluk, Ariyalur District.
3. Menaka
4. Anjugam
5. Kolanji 1/11
6. Kumari
7. Malar
8. Lakshmi
9. Santhi C/o.Maduraiveeran
10. Santhi C/o.Murugesan
11. Chinnaponnu
12. Marudhayee
13. Sumathi
14. Muniammal
15. Maruddambal
16. Rajeshwari
17. Shanthi
18. Selvakumari
19. Arutchelvi
20. Rajalakshmi
21. Panneerselvam
22. Mariammal 2/11
23. Rajamani
24. Amsa
25. Selvarani
26. Selvamani
27. Dhanalakshmi
28. Saraswathi
29. Lakshmi
30. Manjula
31. Lakshmi
32. Vellaiammal
33. Poongavanam
34. Malathi
35. Sathiya
36. Ilakkiya
37. Latha
38. Megala
39. Sulochana
40. Malathi 3/11
41. Suseela
42. Nallammal
43. Kanmani
44. Chellamma
45. Megala
46. Annakodi
47. Muniammal
48. Chinnaponnu
49. Amudha
50. Valarmathi
51. Vellaiammal
52. Nagalakshmi
53. Pennarasi
54. Ponnammal
55. Pitchammal
56. Geetha
57. Selvi 4/11
58. Mary ... Respondents Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records on the file of the first respondent in connection with the order passed by him in his Proc.Na.Ka.Aa2/8622/2015 dated 11.12.15 and quash the same and direct the respondents to consider the case of the petitioners for the allotment of the house site as done in the case of the respondents 3 to 58 in whose favour allotment is made by the respondents in the Survey number.252 & 270 in Vellure Village and Post, Ariyalur Taluk and District and allot the house site to the petitioners.
For Petitioner : M/s.P.A.Arvinth Viveks for M/sM.Srividhya For R1 and R2 : Mr.U.Bharanidharan Additional Government Pleader
ORDER
This Writ Petition has been filed seeking issuance of a Writ of Certiorarified Mandamus to quash the proceedings of the first respondent dated 11.12.15 and direct the respondents to consider the case of the petitioners for the allotment of the house site as done in the case of the respondents 3 to 58 in whose favour allotment is made by the respondents in 5/11
the S.Nos.252 & 270 in Vellure Village and Post, Ariyalur Taluk and District and allot the house site to the petitioners.
2. It is the case of the petitioners that they are landless and houseless poor. While so, the petitioners made several requests before the respondents 1 and 2 for allotment of free house site, but their requests remained unanswered. Hence, the petitioners filed a Writ Petition in W.P.No.30737 of 2012 wherein, this Court vide order dated 14.08.2015 directed the first respondent to consider the petitioners representation dated 05.11.2012, pursuant to which, the first respondent passed the impugned order dated 11.12.2015, rejecting the claims of the petitioners citing that all the petitioners and their husbands have house site Pattas in their own Village. Challenging the said order dated 11.12.2015, the present Writ Petition has been filed seeking the aforesaid relief.
3. Learned counsel appearing for the petitioners submits that as the first respondent specified the survey numbers owned by the petitioners and their husbands in the impugned order, at the time of arguments he restricted his 6/11
prayer and submitted that it would suffice if this Court, grants liberty to other eligible persons of the petitioners family to make an appropriate application before the Revenue Officials for issuance of free house site Patta.
4. Learned Additional Government Pleader appearing for the respondents 1 and 2 submitted that pursuant to the order passed by this Court in W.P.No.30737 of 2012 vide order dated 11.12.2015, the first respondent rejected the petitioners claim vide order on the ground that they are not entitled to get free house Patta as per the condition laid down in the Revenue Standing Order No.21 and as per G.O.Ms.No.506, Revenue R.Dis3(1) Department dated 26.11.2002. Hence, he prayed for dismissal of the present Writ Petition.
5. Heard the learned counsel appearing on either side and perused the materials placed before this Court.
6. A perusal of the entire records reveal that the petitioners made representations before the Revenue officials seeking free house site Patta and 7/11
their claims were rejected by the first respondent vide impugned order dated 11.12.2015 stating that the petitioners and their husbands possess house site Patta in their own Village. Since, the petitioners have not satisfied the eligibility criteria for issuance of free house site Patta, the impugned order insofar as the petitioners cannot be interfered with however, this Court, without interfering with the order impugned, is inclined to grant liberty to the eligible persons of the petitioners family to make a fresh application before the Revenue Officials for issuance of free house site Patta as per G.O.Ms.No.506, Revenue R.Dis3(1) Department dated 26.11.2002, if they are otherwise eligible.
7.Accordingly, with the above observation and directions, this Writ Petition is dismissed. No costs. Consequently connected miscellaneous petition is closed.
04.11.2022 RAP Index :
Yes/No Speaking order :
Yes/No 8/11
To:
1. The District Collector, Collectorate, Ariyalur.
2. The Tahsildar, Ariyalur Taluk, Ariyalur District.
9/11
M.DHANDAPANI, J.
RAP 04.11.2022 10/11
11/11