M.Elangovan v. The District Collector,
In the High Court of Judicature at Madras Dated : 02.1.2025 Coram :
The Honourable Ms.Justice P.T.ASHA Writ Petition No.38479 of 2024 M.Elangovan
...Petitioner
Vs 1.The District Collector, District Collectorate, Salem.
2.The Revenue Tahsildar, Office of the Revenue Tahsildar, P.N.Patti Village, Mettur Dam-636401.
3.The Tahsildar, Office of the Revenue Tahsildar, Mettur Taluk, Salem District.
4.The Village Administrative Officer, Office of the Village Administrative Officer, P.N.Patti Village, Mettur RS.
636402.
...Respondents
PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the 3rd respondent to consider and dispose of the representation made by the petitioner on 30.9.2024 requesting the respondents for the issue of a free house site patta in respect of property in S.No.910/5, Door No.29/1 in 1/4
P.N.Patty Village, Kompurankaadu, Mettu Taluk within time frame as fixed by this Court.
For Petitioner :
Mr.K.A.Vimal Kumar For Respondents :
Mr.A.Selvendran, SGP
ORDER
Seeking a direction to the third respondent to consider his representation dated 30.9.2024 for the issuance of a free house site patta in respect of the property in S.No.910/5, Door No.29/1, P.N.Patty Village, Kompurankaadu, Mettu Taluk, the petitioner is before this Court.
2. Heard the learned counsel for the petitioner and the learned Special Government Pleader accepting notice for the respondents.
3. The case of the petitioner is as follows : (i) The land comprised in S.No.910/5, P.Nallagoundampatty Village, Mettur Taluk is a government poramboke land. The petitioner constructed a house in the said property 15 years ago and it was assigned door No.29/1. On 06.2.2019, the petitioner approached the third respondent with a representation seeking to grant a free house site patta by enclosing all the necessary documents. On 18.9.2024, 2/4
the Village Administrative Officer concerned and the Surveyor concerned inspected seven houses in S.No.910/5 including the petitioner's house bearing door No.29/1. At the time of inspection, the petitioner and his wife were not available in that place. (ii) Later, the petitioner came to know that the respondents took into consideration only four houses for the grant of patta and that the same was placed before P.N.Patti Panchayat for passing a resolution. Since the petitioner's representation dated 06.2.2019 was not positively considered, he sent another representation dated 30.9.2024 to the respondents and other officials along with all the documents and it was received by them. But, no orders have been passed on the same. Hence the writ petition.
4. Considering the fact that the petitioner's request has not been considered since 2019, the writ petition is allowed and a Mandamus is issued to the third respondent to consider the latest representation of the petitioner dated 30.9.2024 on merits and pass appropriate orders in accordance with law within a period of two months from the date of receipt of a copy of this order. No costs.
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P.T.ASHA,J RS To 1.The District Collector, District Collectorate, Salem.
2.The Revenue Tahsildar, Office of the Revenue Tahsildar, P.N.Patti Village, Mettur Dam-636401.
3.The Tahsildar, Office of the Revenue Tahsildar, Mettur Taluk, Salem District.
4.The Village Administrative Officer, Office of the Village Administrative Officer, P.N.Patti Village, Mettur RS.
636402.
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