K.Murugesan, v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.11.2016
CORAM:
THE HONOURABLE MR. JUSTICE B.RAJENDRAN W.P.No.33553 of 2016
1. K.Murugesan
2. J.Thilagam
3. K.Maheswari
4. S.Yasotha
5. S.Muniammal
6. R.Ilango
7. T.Sivagami
8. S.Renugadevi
9. S.Yasotha
10. V.Thenmozhi
11. D.Dhan
12. S.Kiruthika
13. C.Bharathi
14. K.Shanthi
15. S.Latha
16. S.Sasikala
17. M.Rohini
18. S.Deivam
19. V.Dhanam
20. S.Radha
21. S.Lakshmi
22. M.Vijayakumari
23. N.Mani
24. A.Saraladevi
25. M.Rajeswari
26. S.Kanimozhi
27. P.Sundarambal
28. P.Manonmani
29. H.Chandrakala
30. K.Thangammal
31. M.Kavitha
32. G.Matheswari
33. S.Saroja
34. Kaliammal
35. B.Vasantha
36. M.Kamatchi
37. S.Meena
38. T.Bhavami
39. A.Vasugi
40. K.Kanaga
41. T.Rathinam
42. M.Babu
43. S.Vennila
44. B.Amutha ..
Petitioners Vs.
1. The District Collector, Namakkal District, Namakkal.
2. The Revenue Divisional Officer, Namakkal Division, Namakkal.
3. The Tahsildar, Rasipuram Taluk, Namakkal District.
..
Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the first respondent to consider and pass orders on the proposal dated 07.10.2015 sent by the second respondent with regard to the allotment of house site patta to the petitioners in the light of the G.O.Ms.No.115 dated 15.06.1990 within a stipulated time fixed by this Court.
For Petitioners: Mr.Ramdass For Respondents: Mr.A.N.Thambidurai Spl. Government Advocate
ORDER
Heard the learned counsel for the petitioners and the learned Special Government Advocate for the respondents, who accepts notice on behalf of the respondents and with the consent on either side, the writ petition is taken up for final disposal.
2. This Writ Petition has been filed to direct the first respondent to consider and pass orders on the proposal dated 07.10.2015 sent by the second respondent with regard to the allotment of house site patta to the petitioners in the light of the G.O.Ms.No.115 dated 15.06.1990 within a stipulated time fixed by this Court.
3. The case of the petitioners is that the petitioners belong to most backward community (Navithar) and they are economically unsound. The Government of Tamil Nadu framed a scheme for providing house site for Most Backward Classes and denotified communities as per the Revenue Standing Order No.2 and implemented the same by issuing G.O.(Ms.) No.358 Social Welfare Department dated 01.06.1981 for providing house site to the poor persons belonging to Oddars, Narikoravars, Barbers and Dhobies who do not possess house site of their own, free of cost. Subsequently, the Government of Tamil Nadu issued a G.O.Ms.No.115 Backward Classes and Most Backward Classes Welfare Departments dated 15.06.1990 for implementing the above schemes for the benefits of Most Backward Classes and Denotified communities of this State. Thereafter, on 29.11.
2010 about 70 family members of the village submitted requisition to the respondents for allotment of house sites comprised in Survey No.164/2 in Pattanam Village, Rasipuram Taluk, Namakkal District, wherein about 1.5 acres vacant land described as Parai Porombokku. On the basis of the said representation, the first respondent by proceedings dated 16.10.2014 in Na.Ka.245/2013/L1 requested the second respondent to conduct proper local enquiry and report with regard to providing of house site comprised in Survey No.164/2 Pattanam Village to the poor landless people in Rasipuram Village. The second respondent in turn vide his proceedings dated 08.11.2014 in Na.Ka.5836-2014(A2) requested the Tahsildar, Rasipuram to conduct field survey as well as people survey and to forward the same.
In pursuance of the said direction, the Tahsildar, Rasipuram by his proceedings dated 26.03.2015 prepared the eligible beneficiary list which contained 44 persons and forwarded the same to the Second Respondent.
4. While so, the Executive Officer, Pattanam Panchayat has sent a letter dated 18.03.2015 along with a resolution to the second respondent seeking allotment of the said land for putting construction for Hospital and marriage hall. After receipt of the above said representation of the Executive Officer, Pattanam, the first respondent by his proceedings dated 20.04.2015 in Na.Ka.No.245/2013/L1 dated 20.04.2015 sent a communication to second respondent to look into the above request of the Executive Officer, Pattanam Village. After obtaining a detailed report from the Tahsildar, Rasipuram, the second respondent has sent an elaborate and detailed communication on 07.10.2015 about allotment of the house site to the petitioners. Even after receipt of the said elaborate report, the petitioners have not been allotted house site. Therefore, the petitioners gave a representation to the respondents on 30.03.2016 requesting for allotment of house site to the petitioners. But till date no action has been taken on
the said representation. Hence, the petitioners have come forward with the present Writ Petition.
5. According to the petitioner, inspite of the Government Order and the recommendation of the Revenue Divisional Officer, no land was allotted to the petitioners and in such view of the matter, they only seek for a direction to the respondents to consider their representation. The learned Special Government Pleader submitted that if the petitioners satisfies the requirements for the allotment of the lands, their request will be considered in accordance with law.
6. Considering the facts and circumstances, this Court directs the first respondent to consider the representation of the petitioners dated 30.03.2016 and pass appropriate orders in accordance with law, after taking into consideration the recommendation of the second respondent dated 07.10.2015 within a period of three months from the date of receipt of a copy of this Order.
7.With the above directions, this Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar To
1. The District Collector, Namakkal District, Namakkal.
2. The Revenue Divisional Officer, Namakkal Division, Namakkal.
3. The Tahsildar, Rasipuram Taluk, Namakkal District.
+1cc to Mr.M.Ramdass, Advocate sR.64040 +1cc to the Government Pleader Sr.64361 W.P.No.33553 of 2016 ev[co] srg 09/12/2016