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Madras High CourtWP/24516/2021disposed of

Lakshmi v. The District Collector

2021-11-17Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.11.2021

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.No.24516 of 2021 Lakshmi ... Petitioner -Vs1.The District Collector, 2.The District Adhi Dravidar Welfare Officer, 3.The Special Tahsildhar (Backward Welfare), Dharmapuri - 636 701.

... Respondents Prayer :- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandumus, directing the respondents to issue No Objection Certificate (NOC) to the Plot No.94, in survey No.311/84-85, at A.Reddihalli Village, Dharmapuri Taluk and District, allotted to petitioner, by way of an assignment Patta proceedings dated 06.04.1985 in Na.Ka.2780/84 based on her representation dated 03.08.2020.

For Petitioner : Mr.M.Vijay Anand For Respondents : Mr.A.Selvendran Special Government Pleader.

ORDER

This Writ Petition has been filed for issuance of Writ of Mandumus, directing the respondents to issue No Objection Certificate (NOC) to the Plot No.94, in survey No.311/84-85, at A.Reddihalli Village, Dharmapuri Taluk and District, allotted to petitioner, by way of an assignment Patta proceedings dated 06.04.1985 in Na.Ka.2780/84 based on her representation dated 03.08.2020.

2. Heard, Mr.M.Vijay Anand, learned counsel appearing for the petitioner and Mr.A.Selvendran, learned Special Government Pleader appearing for the respondents.

3. The petitioner submitted a representation seeking No Objection Certificate on the strength of the free house site patta issued in favour of the petitioner. On receipt of the same, the second respondent issued notice to the petitioner for enquiry to be conducted on 18.09.2020. On that day, the petitioner appeared and however no final order has been passed.

4. Considering the above, the second respondent is directed to conduct enquiry on the representation of the petitioner dated 03.08.2020, after issuance of fresh notice to the petitioner and after giving an opportunity of hearing and pass orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order..

5. With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-V) // True Copy // Sub Assistant Registrar Lpp To 1.The District Collector,

2.The District Adhi Dravidar Welfare Officer, 3.The Special Tahsildhar (Backward Welfare), Dharmapuri - 636 701.

+1cc to Mr.M.Vijay Anand, Advocate SR.No.59072 +1cc to the Government Pleader, SR.No.59759 W.P.No.24516 of 2021 PL(CO) CB(20/12/2021)