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Madras High CourtWP/29504/2018dismissed

G.Chandrababu v. State Of Tamil Nadu,

2025-09-03Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.09.2025

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI G.Chandrababu ... Petitioner Vs.

1.State of Tamil Nadu Represented by its Secretary of Government, Revenue Department, Fort St.George, Chennai - 600 009.

2.The District Collector, Kancheepuram District, Kancheepuram.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records on the file of the first respondent in its proceedings G.O.(1T) dated 26.09.2014 and quash the same as illegal, incompetent and without jurisdiction and to further direct the respondents to issue allotment orders to the petitioner for 1 Acre of land in Survey No.91/4 in No.13, Nelli Village, Madurantakam Taluk, Kanchipuram District. 1/6

For Petitioner : Mr.Avinash Wadhwani for M/s.V.Srimathi For Respondents : Mr.S.Rajesh Government Advocate

O R D E R

This writ petition has been filed seeking issuance of Writ of Certiorarified Mandamus to call for the records on the file of the first respondent in its proceedings dated 26.09.2014 and quash the same as illegal, incompetent and without jurisdiction and to further direct the respondents to issue allotment orders to the petitioner for 1 Acre of land in Survey No.91/4 in No.13, Nelli Village, Madurantakam Taluk, Kanchipuram District.

2.The learned counsel appearing for the petitioner submitted that the petitioner's father is a freedom fighter receiving freedom fighter pension from the Government and after his death, the petitioner's mother was receiving the said pension. During his life time, the petitioner's father applied for allotment of land under the freedom fighters' quota, however, the same was not allotted and after his demise, the petitioner's mother made representation and since it was not considered, she filed W.P.No.2447 of 1996 and this Court vide 2/6

order dated 13.12.2001 directed the petitioner's mother to make representation to the District Collector and this Court also directed the District Collector to allot land as per her eligibility, even thereafter, the land was not allotted and hence, she filed contempt proceedings, pursuant to which, 1 acre of land in S.No.91/4 in No.13, Nelli Village, Madurantakam Taluk, Kanchipuram District was allotted to the petitioner's mother through proceedings dated 29.03.2003 and the land cost was fixed at Rs.31,400/-.

3.The learned counsel appearing for the petitioner further submitted that since the petitioner's family was not in a position to pay the said sum, the petitioner's mother made representation for waiver of land cost and subsequently, the petitioner's mother died. Hence, the petitioner made representation dated 04.12.2012 to the respondents for waiver of land cost and since the same was not considered, the petitioner filed W.P.No.797 of 2013 and this Court vide order dated 10.02.2014, directed the first respondent therein to consider the petitioner's representation and to pass orders, pursuant to which, the impugned order was passed.

4.The learned counsel appearing for the petitioner further 3/6

submitted that at the relevant point of time, the petitioner is not an Government employee and the entire family was in dire condition and was unable to pay the land cost and hence, representation was made for waiver of costs.

5.The learned Government Advocate submitted that as per the direction of this Court, 1 acre of land in S.No.91/4 in No.13, Nelli Village, Madurantakam Taluk, Kanchipuram District was allotted to the petitioner's mother through proceedings dated 29.03.2003 and the land cost was fixed at Rs.31,400/-, however, the petitioner's mother did not pay the cost. Thereafter, the petitioner got Government job. A Government employee is not entitled for land free of cost. Hence, the impugned order warrants no interference.

6.Heard the learned counsel appearing for the petitioner as well as the learned Government Advocate appearing for the respondents and perused the materials available on record. 7.Perusal of records disclose that the petitioner's father is a freedom fighter and he was receiving freedom fighter pension from the Government and after his death, the petitioner's mother was receiving 4/6

the said pension. During his life time, the petitioner's father applied for allotment of land under the freedom fighters' quota. Thereafter, after some litigations, the petitioner's mother was allotted 1 acre of land in S.No.91/4 in No.13, Nelli Village, Madurantakam Taluk, Kanchipuram District through proceedings dated 29.03.2003 and the land cost was fixed at Rs.31,400/-, however, the petitioner's mother did not pay the cost and died. Thereafter, it appears that the petitioner got Government job. A Government employee is not entitled for land free of cost. Hence, the impugned order warrants no interference.

8.The writ petition is dismissed. No costs.

03.09.2025 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No To 1.The Secretary of Government, Revenue Department, Fort St.George, Chennai - 600 009.

2.The District Collector, 5/6

Kancheepuram District, Kancheepuram.

M.DHANDAPANI,J.

pri 03.09.2025 6/6