Ramalakshmi.K v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.08.2023

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY K.Ramalakshmi ... Petitioner Vs.

1.The District Collector, Madurai District, Madurai.

2.The Tahsildar, Peraiyur Taluk, Peraiyur.

3.The Special Tahsildar, District Backward Welfare Officer, Madurai.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 and 3 to consider for assignment of free housing site in favour of the petitioner in terms of the proceedings of the second respondent made in

Na.Ka No.2408/2019/A4 dated 25.10.2019, in respect of the property comprised in S.No.309/5, Melathirumanikam Village, Peraiyur Taluk, Madurai District.

For Petitioner : Mr.R.Murali For Respondents : Mr.M.Ramesh, Government Advocate *****

O R D E R

This Writ Petition is filed for Mandamus, directing the respondents 1 and 3 to consider petitioner's representation for assignment of free housing site in terms of second respondent proceedings dated 25.10.2019.

2. The petitioner is a land less poor. The first and second respondents have identified some beneficiaries under the scheme and granted patta in S.No.309/5, Melathirumanikam Village, Peraiyur Taluk, Madurai District. When the petitioner submitted a representation to consider his claim for granting of free housing site patta, the respondents

have not considered the same. However, the second respondent has recommended the case of the petitioner vide communication, dated 25.10.2019.

3. Therefore, this Court is of the considered opinion that the District Collector is bound to consider the petitioner's case, since the Government is also having policy decision to consider the case of land less poor and grant patta. The Government has passed G.O.Ms.No.318 to consider such kind of cases. The petitioner is directed to submit a fresh representation to the first respondent and the first respondent shall consider the case of the petitioner and pass appropriate orders in the light of aforementioned Government Order and also any other Government Orders which is covering the similar issue. The said exercise shall be completed within a period of eight (8) weeks from the date of the receipt a copy of this order.

4. With the above direction, this Writ Petition is allowed. There shall be no order as to costs.

Index : Yes / No 29.08.2023 Internet : Yes NCC : Yes / No Nsr To 1.The District Collector, Madurai District, Madurai.

2.The Tahsildar, Peraiyur Taluk, Peraiyur.

3.The Special Tahsildar, District Backward Welfare Officer, Madurai.

S.SRIMATHY, J Nsr 29.08.2023