Madras High CourtWP/35616/2016dismissed

Singaraperiyasamy, v. The Collector,

2016-10-06Honourable Mr Justice B. Rajendran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.10.2016

CORAM:

THE HONOURABLE MR. JUSTICE B.RAJENDRAN W.P.No.35616/2016 and WMP No.30610/2016 Singaraperiyasamy ..Petitioner Vs.

1. The Collector, Cuddalore District.

2. The District Revenue Officer, Cuddalore.

3. The Revenue Divisional Officer, Vridhachalam.

4. The Tahsildar, Thittakudi.

5. The Special Tahsildar, Vridhachalam.

..Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 4 and 5 to assign free housing site Patta to the petitioner either at Tholar South Village or at Pennadam Village or in and around Pennadam Village, Thittakudi Taluk, Cuddalore District.

For Petitioner :

Mr.A.Thangarajan For Respondents :

Mr.R.S.Selvam Government Advocate

ORDER

By consent, the writ petition is taken up for final disposal. The petitioner seeks for a direction upon the respondents 4 and 5 to assign free house site patta to the petitioner either at Tholar South Village or at Pennadam Village or in and around Pennadam Village, Thittakudi Taluk, Cuddalore District. Heard the learned counsel for the petitioner and Mr.R.S.Selvam, learned Government Advocate who accepts notice on behalf of the respondents.

From the perusal of the representations of the petitioner dated 15.07.2013 and 28.12.2013, it is evidently clear that the petitioner seeks for free house site patta for him as well as for 150 families similarly placed, in respect of 57 cents of Natham Poramboke land comprised in S.No.153/2 and the "Pattai" lands comprised in S.No.271 and other lands available in Pennadam Village. Whereas, in the prayer, the petitioner has sought for free house site patta for himself. In the considered opinion of this Court, a writ filed by a person for a common cause of action cannot lie, as the petitioner, in his

representations, seeks for free house site patta not only for himself but for 150 families. If at all the petitioner wants free house site patta for him, he has to submit a representation to the respondents specifying the extent of land occupied by him, the survey number etc., annexing the relevant documents to substantiate his claim and he cannot act on behalf of the other persons similarly placed. Accordingly the writ petition is dismissed as not maintainable. However, liberty is granted to the petitioner to submit a fresh representation to the respondents seeking free house site patta for his portion/extent of land by annexing relevant and necessary documents. No costs. Consequently, the connected miscellaneous petition is also dismissed.

06.10.2016 AP

B.RAJENDRAN, J., AP To