V.Vetrivel v. The District Collector (Revenue)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.01.2022

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.28036 of 2021 and W.M.P.No.29609 of 2021 V.Vetrivel

...Petitioner

vs.

1.

The District Collector (Revenue), Office of the District Collector, Puducherry.

2.

Sub-Collector (Rev.)(South)-cumEstate Officer, Villianur, Puducherry.

3.

Masilamani, C/o. Sub-Collector (Rev.)(South)-cumEstate Officer, Villianur, Puducherry.

4.

Ilanthalir, C/o. Sub-Collector (Rev.)(South)-cumEstate Officer, Villianur, Puducherry.

... Respondents Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Ceritiorarified Mandamus to call for the records of the 2nd respondent with No.628/DCRS/Encr/B2/2018-4 dated 01.12.2021 and to quash the same and consequently to direct the respondents 1 and 2 to evict the 3rd respondent from house No.49 which is allotted to me or in the alternative to direct the respondents 1 and 2 to reallocate Unit No.1 in which I am residing from 2011 onwards. For Petitioner : Mr.V.Ajayakumar For Respondent R1 & R2 : Mr.C.T.Ramesh, Additional Govt. Pleader

ORDER

This writ petition has been filed by the petitioner to issuance of a Writ of Ceritiorarified Mandamus to call for the records of the 2nd respondent order dated 01.12.2021 and to quash the same and to consequently direct the 1st and 2nd respondents to evict the 3rd respondent from house which is allotted to the petitioner.

2. The case of the petitioner is that, he was allotted house No.49 in the house constructed for allotment for the Scheduled Caste Category people, however, since the 3rd respondent has already occupied the said house illegally and has refused to vacate the premises, the Revenue Authorities have orally informed the petitioner to continue staying in unit No.1, in which the petitioner was already staying. However, it was initially allotted to the 4th respondent and he is not willing to occupy the same. While so, the 2nd respondent issued a show cause notice dated 17.09.2021 to the petitioner and directed him to appear before the authority on or before 27.09.2021 and since the petitioner was unable to appear before the 2nd respondent on 27.09.2021, the impugned eviction order dated 01.12.2021 was passed by the 2nd respondent, directing the petitioner to vacate the premises within a period of 15 days. Hence, challenging the same, this writ petition is filed.

3. The learned counsel for the petitioner submitted that, originally the petitioner was allotted House No.49 vide allotment order dated 19.10.2015 issued by the Adi Dravidar Welfare Department, and since the 3rd respondent has illegally occupied the said house, the petitioner was orally directed by the Revenue Authorities to stay in the house No.1 which was originally allotted to the 4th respondent. He further submitted that, admittedly the 2nd respondent issued a show cause notice dated 17.09.2021 and directed the petitioner to appear before the authority on 27.09.2021, however, due to some unavoidable situation, the petitioner was unable to appear on the above said date and hence exparte order was passed. Hence he submitted that, this Court may set aside the impugned eviction order issued by the 2nd respondent and pass appropriate orders to evict the 3rd respondent and allot house No.49 back to the petitioner.

4. The learned Additional Government pleader has no serious objection for the said order being passed.

5. In view of the above submissions made by the learned counsel for the petitioner and on perusal of the records available reveal that the impugned order was passed without hearing the petitioner, hence, this Court has no hesitation to

set aside the impugned order dated 01.12.2021 passed by the 2nd respondent and remand the matter to the 2nd respondent. The petitioner is directed to appear before the 2nd respondent / Estate officer and produce all documents along with a copy of this order on or before 18.02.2021 and on receipt of the same, the 2nd respondent is directed to consider the same and pass appropriate orders within a period of twelve weeks thereafter.

6. With the above directions, this Writ petition is disposed of. No costs. Consequently, connected Miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-IX) //True copy// Sub Assistant Registrar skt To:

1.

The District Collector (Revenue), Office of the District Collector, Puducherry.

2.

Sub-Collector (Rev.)(South)-cumEstate Officer, Villianur, Puducherry.

+1cc to Mr.V.Ajayakumar, Advocate SR.No.70 W.P.No.28036 of 2021 and W.M.P.No.29609 of 2021 JP II(CO) GMY(22/02/2022)