M.Krishnan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.08.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and M.P.(MD)Nos.1 and 2 of 2011 M.Krishnan ... Petitioner -vs1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Project Officer, District Rural Development Agency, Virudhunagar District, Virudhunagar.

3.The Tahsildar, Sivakasi Taluk, Sivakasi, 4.The Block Development Officer, Vembakkottai Panchayat Union, Sivakasi Taluk, Virudhunagar District.

5.Ayyanar 6.Vettriselvam 7.Rajkumar

8.M.Subbulakshmi 9.Veeranamuthu 10.Samuthiran 11.Periyandavar 12.Annalakshmi 13.Murugamani 14.Vallikkannu 15.Ramesh 16.Muthuraj 17.Paramasivam 18.Chandrasekar 19.Vijayalakshmi 20.Ramar 21.Velusamy 22.Santha 23.Abraham 24.Mariappan 25.Kumararaja 26.Paranthaman 27.Vellammal 28.Perumal

29.Srinivasan 30.Kaliraj ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned allotment order dated nil passed by the respondents 2 to 4 herein allotting house in Periyar Memorial Samathuvapuram in Keezhanmaraimnadu Panchayat, Vembakkotai Union, Sivakasi Taluk, Virudhunagar District, in respect of respondents 5 to 30 herein, quash the same and consequently, direct the respondents herein to allot houses as per Clause No.7 of G.O.Ms.No.59, Rural Development and Panchayat Raj Department, dated 14.07.2009, in Periyar Memorial Samathuvapuram in Keezhamarainadu Panchayat, Vembakkotai Union, Sivakasi Taluk, For Petitioner : Mr.K.Hemakarthikeyan For R1 to R4 : Mr.P.Thilak Kumar Government Pleader For R5 to R8, R10 to R12, R14 to R17 & R19 to R30 : No Appearance

O R D E R

[Order of the Court was made by R.SUBRAMANIAN, J.] Prayer in this Writ Petition reads as follows:- '' To issue a Writ of Certiorarified Mandamus,

calling for the records pertaining to the impugned allotment order dated nil passed by the respondents 2 to 4 herein allotting house in Periyar Memorial Samathuvapuram in Keezhanmaraimnadu Panchayat, Vembakkotai Union, Sivakasi Taluk, Virudhunagar District, in respect of respondents 5 to 30 herein, quash the same and consequently, direct the respondents herein to allot houses as per Clause No.7 of G.O.Ms.No.59, Rural Development and Panchayat Raj Department, dated 14.07.2009, in Periyar Memorial Samathuvapuram in Keezhamarainadu Panchayat, Vembakkotai Union, Sivakasi Taluk, Virudhunagar District.''

2. The allotments in question were made as early as on 28.02.2011 and now, almost 13 years have lapsed.

3. According to the learned Government Pleader, the allottees have been put in possession of the respective houses allotted to them and they are in possession of the same.

4. At this distant point of time, we do not think that we can interfere with the orders of allotment. Hence, this Writ Petition is disposed of with a direction to the authorities to ensure that the guidelines are followed

strictly in future. No costs. Consequently, connected Miscellaneous Petitions are closed.

NCC :

No [R.S.M., J.] [L.V.G., J.] Index :

No 06.08.2024 Internet :

Yes To:

1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Project Officer, District Rural Development Agency, Virudhunagar District, Virudhunagar.

3.The Tahsildar, Sivakasi Taluk, Sivakasi, 4.The Block Development Officer, Vembakkottai Panchayat Union, Sivakasi Taluk, Virudhunagar District.

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

smn2 06.08.2024