Babu v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.10.2018
CORAM
THE HONOURABLE MR. JUSTICE R.MAHADEVAN W.P.Nos.26277, 26298, 26364, 26355 and 26380 of 2018 and W.M.P.Nos.30534, 30558, 30631, 30644 and 30654 of 2018 Babu .. Petitioner in W.P.No.26277/2018 P.Amaravathy .. Petitioner in W.P.No.26298/2018 Boopathy .. Petitioner in W.P.No.26364/2018 Vasanthi .. Petitioner in W.P.No.26355/2018 Malarvizhi .. Petitioner in W.P.No.26380/2018 Vs 1.The District Collector Kancheepuram District Kancheepuram.
2.The Revenue Divisional Officer Chengalpet.
3.The Tahsildar Thiruporur.
.. Respondents Prayer in W.P.Nos.26277, 26298 and 26364 of 2018: Writ Petitions filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus, directing the respondents 1 and 2 to issue free house site patta to the petitioner for his thatch shed house situated at S.No.103/1, Kelambakkam village, Tiruporur Taluk, Kancheepuram District, in the light of the recommendation of the third respondent dated 23.09.2013 in Na.Ka.No.3710/2013/A2 by considering the petitioners'
representations dated 27.08.2018 to the first respondent. Prayer in W.P.Nos.26355 and 26380 of 2018: Writ Petitions filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus, directing the respondents 1 and 2 to issue free house site patta to the petitioner for his/her house situated at S.No.103/1, Kelambakkam village, Tiruporur Taluk, Kancheepuram District, in the light of the recommendation of the third respondent dated 23.09.2013 in Na.Ka.No.3710/2013/A2 by considering the petitioners' representations dated 27.08.2018 to the first respondent.
For Petitioner in all the Petitions: Mr.S.R.Varun Karthik For Respondents in all the Petitions: Mr.V.Shanmuga Sundar Special Government Pleader
ORDER
The petitioners have come with these writ petitions seeking a direction to the respondents 1 and 2 to issue free house site patta to them for their house situated at S.No.103/1, Kelambakkam village, Tiruporur Taluk, Kancheepuram District, in the light of the recommendation of the third respondent dated 23.09.2013 in Na.Ka.No.3710/2013/A2 by considering the petitioners' representations dated 27.08.2018 to the first respondent.
2.According to the learned counsel for the petitioners, the petitioners and other persons applied for patta for the houses put up at S.No.103/1, upon which, the third respondent in his proceedings dated 23.09.2013 to the first respondent recommended to reclassify the said property from Nanjai tharisu to Grama natham land and to issue house site patta to them and the same have not been issued to them. Therefore, the petitioners have submitted representations dated 27.08.2018 to the first respondent for issuance of patta. Since the said representations have not been considered so far, the petitioners are before this Court with the above prayer.
3.Mr.V.Shanmuga Sundar, learned Special Government Pleader appearing for the respondents submitted that the respondents be directed to consider the petitioners' representations on merits and in accordance with law.
4.Considering the facts and circumstances of the case and also taking into account the limited scope of the relief sought for by the petitioners, this Court, without expressing any opinion on the merits of the matters, directs the respondents to consider the representations of the petitioners dated 27.08.2018 in the light of the proceedings in Na.Ka.No.3710/2013/A2 of the third respondent dated 23.09.2013 and pass suitable orders thereon, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioners as well as other interested parties, if any.
5.With the above direction, these writ petitions stand disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.
Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar kj
To 1.The District Collector Kancheepuram District Kancheepuram.
2.The Revenue Divisional Officer Chengalpet.
3.The Tahsildar Thiruporur.
+5ccs to Mr.C.Jagadish, Advocate, S.R.No.73782 W.P.Nos.26277, 26298, 26364, 26355 and 26380 of 2018 and W.M.P.Nos.30534, 30558, 30631, 30644 and 30654 of 2018 PA(CO) rrs 22/11/2018