Muthukrishnan. M v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.01.2023

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR M.Muthukrishnan ... Petitioner Vs.

1.The State of Tamil Nadu, Rep. by its Secretary, Department of Revenue, Secretariat, St. George Fort, Chennai 9.

2.The District Collector, Collectorate, Tirunelveli District.

3.The District Revenue Officer (RDO), O/o. District Revenue Officer, 4.The Revenue Divisional Officer (RDO), O/o. Revenue Divisional Officer,

5.The Tahsildar, Palayamkottai Taluk Office, ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 2 to 5 to provide Assignment of house site to 12 landless poor people (list mentioned in para No.5 of the affidavit) in the alternative place at S.No.17/4, Reddiyarpatti Village, Palayamkottai Taluk, Tirunelveli District based on the free house site patta issued in Na.Ka.No.A6/804/2005, dated 23.07.2010 by the 5th respondent by considering the representation dated 28.05.2022 made by the petitioner within the time stipulate by this Court.

For Petitioner :

Mr.I.Pinaygash For Respondents :

Mr.P.Thilak Kumar, Government Pleader.

O R D E R

[Order of the Court was made by D.KRISHNAKUMAR, J.] This Writ Petition has been filed for the issuance of a Writ of Mandamus, directing the respondents 2 to 5 to provide Assignment of house site to 12

landless poor people in the alternative place at S.No.17/4, Reddiyarpatti Village, Palayamkottai Taluk, Tirunelveli District based on the free house site patta issued in Na.Ka.No.A6/804/2005, dated 23.07.2010, by the 5th respondent, by considering the representation dated 28.05.2022 made by the petitioner within a time frame.

2. Heard Mr.I.Pinaygash, learned counsel for the petitioner and Mr.P.Thilakkumar, learned Government Pleader for the respondents.

3. By consent of both parties, this Writ Petition is taken up for final disposal at the admission stage itself.

4. The writ petitioner has filed the writ petition in the guise of pro bono public representing for the 12 landless people. According to the petitioner, though free house site pattas were issued in the year 2010 to the beneficiaries, till date, no assignment of house site were allotted to them. Hence, the petitioner made several representations, seeking allotment of house site. However, no

steps have been taken by the respondents. Hence, the petitioner has filed this Writ Petition.

5. Considering the facts and circumstances of the case, we are of the view that when the aggrieved persons have not approached this Court seeking for alternative site, we are not inclined to entertain the writ petition.

6. Accordingly, this Writ Petition is dismissed with liberty to the beneficiaries, to approach the authority concerned for the alternative site. No costs.

[D.K.K., J.] [R.V., J.] 11.01.2023 NCC : Yes / No Index : Yes / No vsm

To 1.The Secretary, State of Tamil Nadu, Department of Revenue, Secretariat, St. George Fort, Chennai 9.

2.The District Collector, Collectorate, Tirunelveli District.

3.The District Revenue Officer (RDO), O/o. District Revenue Officer, 4.The Revenue Divisional Officer (RDO), O/o. Revenue Divisional Officer, 5.The Tahsildar, Palayamkottai Taluk Office, D.KRISHNAKUMAR , J.

and R.VIJAYAKUMAR, J.

vsm 11.01.2023