Madras High CourtWP(MD)/20867/2015disposed of

D.Antony Sebastian v. The District Collector

2015-11-25Honourable Mr Justice K. Ravichandrabaabu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.11.2015

CORAM:

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.(MD)No.20867 of 2015 D.Antony Sebastian ... Petitioner Vs.

1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Thasildhar, Radhapuram Taluk, Radhapuram, Tirunelveli District.

3.The Deputy Tahsildar, Headquarters, Radhapuram Taluk, Radhapuram, Tirunelveli District. ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus, directing the first respondent to direct the second respondent to issue free house site patta to the petitioner in the Thandayarkulam Village, Panagudi, Tirunelveli District or in nearby village by considering his representation dated 12.06.2015 within the period stipulated by this Court.

For Petitioner : Mr.M.Mohamed Sherbudeen For Respondents : Mr.M.Murugan Government Advocate

O R D E R

Mr.M.Murugan, learned Government Advocate takes notice for the respondents and by consent of both the parties, the main Writ Petition itself is taken up for final disposal at the stage of admission.

2. Heard the learned Counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents. https://hcservices.ecourts.gov.in/hcservices/

3. The petitioner seeks for a direction to the respondents 1 and 2 to issue free house site patta to the petitioner based on his representation dated 12.06.2014. Though it is stated in the affidavit filed in support of the writ petition that the petitioner was residing at Plot No.23, Alagiya Nampiyapuram, Panakudi, Radhapuram Taluk, Tirunelveli District, the learned counsel appearing for the petitioner submitted that the petitioner will be satisfied, if the respondents consider his representation and grant free house site patta in respect of some other property as the petitioner is now presently residing in another place namely, Immanuvel Street South, East Kallikulam, Sathiram Post, Nanguneri Taluk.

4. First of all, whether the petitioner is eligible to get free house site patta or not is a question that has to be considered and decided on merits by competent authorities namely, the first respondent and the second respondent and therefore this Court at this stage is not expressing any view on the claim made by the petitioner in respect of grant of such patta. However as it is seen that his representation dated 12.06.2015 is pending before the first respondent, I only direct the first respondent to consider such representation and pass orders on the same on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order.

5. With the above direction, this Writ Petition is disposed of. No Costs.

Sd/- Assistant Registrar(CSII) /True Copy/ Sub-Assistant Registrar To 1.The District Collector, Tirunelveli District, Tirunelveli. 2.The Thasildhar, Radhapuram Taluk, Radhapuram, Tirunelveli District.

3.The Deputy Tahsildar, Headquarters, Radhapuram Taluk, Radhapuram, Tirunelveli District.

+One cc to The Special Government Pleader , SR.No.67361 +One cc t M/s.M.Mohamed Sharbudeen, Advocate, SR.No.67574 PJL RL/6C/SKS/RR/4/12/2015 W.P.(MD)No.20867 of 2015 25.11.2015 https://hcservices.ecourts.gov.in/hcservices/