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Madras High CourtWP/27042/2019dismissed

Muthammal, v. The District Collector,

2023-07-05Honourable Mr Justice S.M. Subramaniam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.07.2023

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM Muthammal

...Petitioner

-Vs1. The District Collector, Salem, Salem District.

2. The Revenue Divisional Officer, Salem, Salem District.

3. The Tahsildar, Salem West Taluk, Salem District.

4. The Village Administrative Officer, Maramangalathupatti Group, Salem Taluk, Salem District.

...Respondents

Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, directing the respondents to issue free house site patta to the petitioner in respect of land in Survey No.105/1 situated at Mamarathupatti Village, Salem West Taluk in pursuant to the letter of 1st respondent dated 09.04.2018. 1/4

For Petitioner : Mr.M.Elango For Respondents : Mr.G.Krishnaraja Additional Government Pleader

ORDER

The relief sought for in the present writ petition is to direct the respondents to issue free house site patta to the petitioner in respect of land in Survey No.105/1 situated at Mamarathupatti Village, Salem West Taluk in pursuant to the letter of 1st respondent dated 09.04.2018.

2. The petitioner states that the subject land is classified as Karadu poromboke in the revenue records and the petitioner is in possession of the subject land and constructed a house. Therefore, she submitted an application to grant free house site patta in respect of the said portion of the land in her occupation.

3. The learned Additional Government Pleader appearing on behalf of the respondents by relying upon the counter affidavit filed by the third respondent submits that, the son of the writ petitioner viz., Mr.Ashok Kumar is working as Assistant Engineer in Block Development Officer, 2/4

Taramangalam Union, Salem District. The said fact was ascertained through the report of the Village Administrative Officer and their concerned. Hence, the petitioner's family is not entitled for any free house site patta from the hands of the Government.

4. This being the factum established, the relief as such sought for in this writ petition cannot be granted.

Accordingly, this writ petition stands dismissed. No costs. 05.07.2023 Index : Yes mp To

1. The District Collector, Salem, Salem District.

2. The Revenue Divisional Officer, Salem, Salem District.

3. The Tahsildar, Salem West Taluk, Salem District.

4. The Village Administrative Officer, Maramangalathupatti Group, Salem Taluk, Salem District.

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S.M.SUBRAMANIAM . J., mp 05.07.2023 4/4