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Madras High CourtWP(MD)/8042/2020disposed of

M.Shanthi v. The District Collector,

2020-07-27Honourable Mr Justice D. Krishnakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.07.2020

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR M.Shanthi ... Petitioner 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 PRAYER:- Writ Petition 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 No.1431/E10 in Survey Nos.211/1B and 211/2 to an extent of two cents situated at Baiyoor Pillaivayal Village Group, Sivagangai Taluk, Sivagangai District, by considering the representation of the petitioner dated 05.03.2019.

For Petitioner : Mr.T.Thirumurugan For Respondents : Mr.R.Sethuraman Special Government Pleader.

ORDER

This Writ Petition is filed to direct the respondents to provide patta to the petitioner for the land in D.No.1431/E10 in S.Nos.211/1B and 211/2 measuring to an extent of two cents situated at Baiyoor Pillaivayal Village Group, Sivagangai Taluk, Sivagangai District.

2.Mr.R.Sethuraman, learned Special Government Pleader takes notice for the respondents. By consent, this Writ Petition is taken up for final disposal at the stage of admission itself. 1/3

3.According to the petitioner, she submitted an application dated 05.03.2019 before the respondents to provide free house site patta in respect of the property in D.No.1431/E10 in S.Nos.211/1B and 211/2, measuring to an extent of 2 cents situated at Baiyoor Pillaivayal Village Group, Sivagangai Taluk, Sivagangai District. 4.Based on the aforesaid application dated 05.03.2019, the 4th respondent had sent a communication dated 26.11.2019, to the respondents 1 and 2, wherein, it had been stated 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. In respect of the same, though the 4th respondent had recommended to the 1st respondent, the application of the petitioner has not been considered so far.

Hence, left with no other alternative, the petitioner has filed the present writ petition. 5.The learned Special 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 petitioner is only a temporary employee. He further submitted that based on the application of the petitioner, action has been taken for alternative place to assign free house site patta, considering her eligibility.

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

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 4th respondent / the Special Tahsildar, Sivagangai, to communicate the reply to the petitioner, within a period of two weeks from the date of receipt of a copy of this order.

8.With the above term, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS ) 2/3

mm 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 is presented 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.

27.07.2020 SPU(04.08.2020)3P 5C 3/3