S.Kanchana v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.07.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ 1.S.Kanchana 2.V.Sarala 3.J.Lakshmi 4.S.Jayasri 5.D.Subramani 6.S.Ilakhiya 7.B.Lakshmi 8.S.Vellachi 9.S.Mageshwari ... Petitioners Vs.

1.The District Collector, Tiruvannamalai District, Tiruvannamalai.

2.The Tahsildar, Arni Municipality, Arni-632 301.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of writ of mandamus, to consider and dispose of

representation of petitioners dated 16.04.2025 and 17.04.2025, pending consideration with the second and first respondents respectively, for issuance of free house site patta as per the extant Government Scheme in accordance with law, within the time stipulated by this Court. For Petitioners :

Mr.K.Shakespeare For Respondents :

Mr.P.Sathish Additional Government Pleader

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing respondents to dispose of the representations made by petitioners on 16.04.2025 and 17.04.2025 wherein petitioner has sought for issuance of free house site patta in terms of the extant Government Scheme in accordance with law.

2. By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.

3. The case of the petitioners is that petitioners claim to be residents of Kottai South Street sought free house site patta on the ground that other residents in and around the area were given house site patta under Kalaignar Free House Site Patta Scheme in 2007. Petitioners were not given patta citing the pendency of civil suit in O.S.No.171 of 1984 on the file of Principal Munsif, Arni. The decree in the civil suit was challenged before this Court in S.A.No.1210 of 2001, wherein the decree passed in the civil suit was set aside. Thereafter, the said order in the second appeal was challenged before the Hon'ble Supreme Court, wherein the order of status quo was granted by the Supreme Court. In the meanwhile, petitioner and other residents of Kottai South Street have filed writ petition in W.P.No.

3436 of 2023 for issuance of free house site patta which was disposed of on 17.04.2023 with a direction to respondents to consider the representation of petitioners therein. It is pertinent to note that the land for which the house site patta is sought for by petitioners is classified as Government Poramboke and Kaali Maidhanam as per the revenue records. Petitioners thus submitted representations to respondents on 16.04.

17.04.2025 following the order of the Hon'ble Supreme Court dated 19.03.2025. However, the same since has not been considered, petitioners are before this Court by way of present writ petition.

4. At the outset, it was submitted by learned Additional Government Pleader for respondents that the representation dated 17.04.2025 made by petitioners would be considered and appropriate orders would be passed after issuing notice to petitioners and other interested parties, if any within a time frame to be fixed by this Court, which was agreed to by learned counsel for petitioners.

5. In view of the limited relief that is prayed, this Court is inclined to dispose of the writ petition with following directions: i) The concerned respondent shall consider the representation dated 17.04.2025 keeping in view of the order passed by the Hon'ble Supreme Court and pass appropriate orders on merits and in accordance with law, after issuing notice to petitioners and other interested parties including rival claimants, if any;

ii) The entire process shall be completed within a period of sixteen weeks from the date of uploading of the web copy without waiting for the receipt of certified copy; and iii) It is made clear that this Court has not expressed any view with regard to the merits of the case and it is open to the concerned respondent to consider the matter on its own merits and in accordance with law. Rights and contentions of petitioners and all other interested parties are left open.

6. With the above directions, this Writ Petition is disposed of. No costs.

07.07.2025 (2/2) NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji To

1. The District Collector, Tiruvannamalai District, Tiruvannamalai.

2.The Tahsildar, Arni Municipality, Arni-632 301.

MOHAMMED SHAFFIQ, J.

vji 07.07.2025 (2/2)