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Madras High CourtWP/176/2024disposed of

M .Moganraj v. The District Collector

2024-01-08Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.01.2024

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN R.Moganraj ... Petitioner versus 1.The District Collector, Karaikkal District, Karaikkal.

2.The Deputy Collector of Revenue, Karaikkal District, Karaikkal.

... Respondents Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to consider the representations of the petitioner dated 30.05.2022 and 15.04.2023 and take necessary action within a stipulated time.

For Petitioner :

Mr.B.Jawahar For Respondents :

Mrs.V.Usha Additional Government Pleader (Pondicherry) Pg.Nos.1/5

O R D E R

Mrs.V.Usha, learned Additional Government Pleader (Pondicherry) accepts notice for the respondents. With the consent of both the parties, this Writ Petition is taken up for final disposal at the admission stage itself.

2. This writ petition has been filed seeking for issuance of a writ of mandamus, directing the respondents to consider the representations of the petitioner, dated 30.05.2022 and 15.04.2023, respectively and to take necessary action within a stipulated time.

3. The learned counsel for the petitioner submitted that the petitioner was holding the post of Soldier in the Indian Military service and he is a native of Karaikkal. After entering into service, he made an application dated 30.05.2022 to the first respondent/District Collector requesting them to grant free house-site under ''The Pondicherry Land Grant Rules, 1975'' in R.S.No.220/3A situated at Varichikudy North, Karaikkal District. Since Pg.Nos.2/5

there was no response, the petitioner sent a reminder/second representation dated 15.04.2023 to the first respondent. However, the respondents have not considered the same till date, and hence, the present writ petition has been filed.

4. The learned Government Advocate (Pondicherry) appearing for the respondents submitted that the petitioner will not come under the Scheme of Section 2(d) of the Pondicherry Land Grant Rules, 1975. The petitioner is a Bachelor and he is residing along with his parents. The learned Government Advocate (Pondicherry) further submitted that the petitioner's father was already granted a free house-site and he violated the conditions and sold the said house-site to the third party and subsequently, the same was cancelled. The learned Government Advocate (Pondicherry) further submitted that the land(s) which was requested by the petitioner, comes within the Lake area, and hence, the same could not be granted to the petitioner.

5. Since this writ petition is filed for Mandamus simplicitor, to direct Pg.Nos.3/5

the respondents to consider the said representations of the petitioner, this Court, without expressing any view or opinion with regard to the merits of the case, directs the respondents to consider the said representations of the petitioner, dated 30.05.2022 and 15.04.2023 and pass appropriate orders on merits and in accordance with law, within a period of two months from the date of receipt of a copy of this order.

6. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs.

08.01.2024 Index: Yes/No Speaking Order : Yes / No ms To 1.The District Collector, Karaikkal District, Karaikkal.

2.The Deputy Collector of Revenue, Karaikkal District, Karaikkal.

Pg.Nos.4/5

P.VELMURUGAN, J.

ms 08.01.2024 Pg.Nos.5/5