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Madras High CourtWP(MD)/8000/2020disposed of

G.Shanmugavalli v. The District Collector

2020-07-24Honourable Mr Justice D. Krishnakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.07.2020

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD)Nos.8000, 8009, 8010, 8013 & 8023 of 2020 G.Shanmugavalli ... Petitioner in W.P(MD)No.8000/2020 P.Durairaj ... Petitioner in W.P(MD)No.8009/2020 N.Elanchiyam ... Petitioner in W.P(MD)No.8010/2020 P.Krishnan ... Petitioner in W.P(MD)No.8013/2020 S.Manokari ... Petitioner in W.P(MD)No.8023/2020 Vs.

1.The District Collector, Sivagangai District, Sivagangai.

2.The District Welfare Officer, Adi-Dravidar and Tribal Welfare Office, Sivagangai District, Sivagangai.

3.The Revenue Divisional Officer, O/o.The Revenue Division Office, Sivagangai.

4.The Special Tahsildar, Adi-Dravidar and Tribal Welfare Office, Sivagangai, Sivagangai District.

... Respondents in all W.Ps'

COMMON PRAYER:- Writ Petitions filed under Article 226 of the Constitution of India, praying for the issuance of Writs of Mandamus, to direct the respondents to provide patta to the petitioners in Door Nos.1430/F31, 1429/A, 1430/A11, 1430/A6 and 1430/A28 respectively in Survey Nos.211/1B, 211/2 to an extent of two cents situated at Baiyoor Pillaivayal Village Group, Sivagangai Taluk, Sivagangai District by considering the petitioners' representations dated 11.11.2019, 12.07.2019, 05.03.2019, 05.03.2019 and 07.03.2019 respectively.

For Petitioners : Mr.T.Lajapathi Roy (in all W.Ps') for Mr.T.Thirumurugan For Respondents : Mr.M.Pandiarajan, (in all W.Ps') Additional Government Pleader.

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COMMON ORDER The petitioners have filed the present Writ Petitions to issue Writs of Mandamus, to direct the respondents to provide patta to the petitioners in Door Nos.1430/F31, 1429/A, 1430/A11, 1430/A6 and 1430/A28 respectively in Survey Nos.211/1B, 211/2 to an extent of two cents situated at Baiyoor Pillaivayal Village Group, Sivagangai Taluk, Sivagangai District by considering the petitioners' representations dated 11.11.2019, 12.07.2019, 05.03.2019, 05.03.2019 and 07.03.2019 respectively. 2.Mr.M.Pandiarajan, learned Additional Government Pleader takes notice for the respondents.

3.By consent, the Writ Petitions are taken up for final disposal at the stage of admission itself.

4.According to the petitioners, they submitted applications before the respondents to provide free house site patta in Survey Nos.211/1B and 211/2 to an extent of 2 cents situated at Baiyoor Pillaivayal Village Group, Sivagangai Taluk, Sivagangai District. Based on the aforesaid applications, the fourth respondent has sent a communication to the respondents 1 and 2 that totally 348 free house sites were identified and patta has been granted to 64 persons and remaining 284 free house sites are available and the same would be given to the eligible persons. Though the fourth respondent has recommended to the District Collector, the applications of the petitioners have not considered so far. Hence, the petitioners have filed the present Writ Petitions.

5.The learned Additional Government Pleader appearing for the respondents, on instructions, submitted that the aforesaid survey numbers have been assigned and free house site patta are provided to the sanitary workers belonging to Kuravar Community, but in the case on hand, the petitioners are only temporary employees. He further submitted that based on the applications of the petitioners, action has been taken for alternative place to assign free house site patta, considering their eligibility.

6.In reply, the learned counsel appearing for the petitioners submitted that the respondents have not communicated any reply to the petitioners in this regard. Therefore, he insists upon the Court to give direction to the authority concerned to communicate the same to the petitioners.

7.Considering the submissions made by the learned counsel appearing on either side, this Court, without expressing any opinion on the merits of the matter, directs the fourth respondent / the Special Tahsildar, Sivagangai, to communicate the reply to the petitioners within a period of two weeks from the date of receipt of a copy of this order.

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8.Accordingly, these Writ Petitions are disposed of. No costs.

Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS ) ps Note:- In view of the present lock down owing to COVID - 19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that isPresented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To 1.The District Collector, Sivagangai District, Sivagangai.

2.The District Welfare Officer, Adi-Dravidar and Tribal Welfare Office, Sivagangai District, Sivagangai.

3.The Revenue Divisional Officer, O/o.The Revenue Division Office, Sivagangai.

4.The Special Tahsildar, Adi-Dravidar and Tribal Welfare Office, Sivagangai, Sivagangai District.

+2 CC to Special Government pleader, SR Nos.13244 & 13254 / 2020 Order made in W.P.(MD)Nos.8000, 8009, 8010, 8013 & 8023 of 2020 Dated:

24.07.2020 SPU(31.07.2020)3P 7C 3/3