Munivel v. The Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.11.2022

CORAM:

THE HONOURABLE MR. JUSTICE M.DHANDAPANI and W.M.P.No.31080 of 2022 Munivel ... Petitioner Vs.

1.The Collector, Chennai District.

2.The Assistant Divisional Engineer (H), Ambathur, Chennai - 600 053.

3.The Tahsildar, Ambathur Taluk, Thiruvallur 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 grant free house site patta under the G.O.Ms.No.97 dated 27.03.2013 under petition dated 09.11.2020 or in the alternative place or order direction in the nature of Writ.

For Petitioner :

Mr.G.Appavu For Respondents :

Mr.U.Bharanidharan Additional Government Pleader 1/5

ORDER

This Writ Petition has been filed seeking issuance of a Writ of Mandamus to direct the respondents to grant free house site patta under the G.O.Ms.No.97 dated 27.03.2013 under petition dated 09.11.2020 or in the alternative place or order direction in the nature of Writ.

2. The case of the petitioner is that he is landless poor and he had constructed house comprised in S.No.257, situated at Kadapakkam Village. The petitioner is in continuous possession and enjoyment of the aforesaid property for more than six decades. Further, the petitioner had obtained electricity service connection and ration card by the Government. The grievance of the petitioner is that, he is entitled for grant of free house site Patta under the G.O.Ms.No.97 dated 27.03.2013. However, the second respondent dated 20.12.2006 issued notice under Section 28(2)(ii) of the Tamil Nadu Highways Act 2001, with a direction to the petitioner to remove the encroachment in respect of the aforesaid property, and again another notice was issued on 19.01.2009. Pursuant to which, the second respondent demolished the petitioner's house in the aforesaid property without granting any alternative accommodation to the petitioner. 2/5

Therefore, the petitioner made representations dated 13.07.2020 before the third respondent and 09.11.2020 before the first respondent, seeking to grant excess/remaining vacant land which is unused for any Government purposes. Since the representations were not considered by the respondents, the petitioner had filed the present Writ Petition.

3. Though very many grounds have been raised in this Writ Petition, learned counsel for the petitioner submitted that, it would suffice, if this Court issues direction to the respondents to consider the petitioner's representation dated 09.11.2020 and pass orders on the same within a particular time frame that may be fixed by this Court.

4. The learned Additional Government Pleader appearing for the respondents has no objection for the said order being passed.

5. In view of the above, this Court, without expressing any opinion on the merits of the case, directs the respondents to consider the petitioner's representation dated 09.11.2020 and pass appropriate orders on merits and in accordance with law, after affording an opportunity of 3/5

hearing to the petitioner and other aggrieved person, if any, within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the above observations and direction, this Writ Petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed.

28.11.2022 Index: Yes/No Speaking Order : Yes/ No jd To 1.The Collector, Chennai District.

2.The Assistant Divisional Engineer (H), Ambathur, Chennai - 600 053.

3.The Tahsildar, Ambathur Taluk, Thiruvallur District.

4/5

M.DHANDAPANI, J.

jd and W.M.P.No.31080 of 2022 28.11.2022 5/5