C.Ganesan v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P.(MD) No.11597 of 2025 C.Ganesan ... Petitioner Vs.
1.The District Collector, Pudukkottai District.
2.The District Adi Dravidar and Tribal Welfare Officer, Pudukkottai District.
3.The Special Tahsildar, Adi Dravidar Welfare Department, Pudukkottai.
4.The Tahsildar, Kulathur Taluk, Pudukkottai District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st respondent to consider the petitioner's representation dated 21.04.2025 sent with regard to the issuance of the "free house site patta for homeless 1/4
poor" for the lands comprised in Survey Nos.158 and 159/1, Kulathur Village, Pudukkottai District as expeditiously as possible and in the light of the Resolution No.1016, dated 29.04.2022 passed in Kulathur Panchayat, within the time stipulation as may be fixed by this Court. For Petitioner :
Mr.R.Anand For Respondent :
Mr.P.Thilak Kumar Government Pleader
O R D E R
[Order of the Court was made by S.M.SUBRAMANIAM, J.] The writ on hand has been instituted seeking direction to the first respondent to dispose of the petitioner's representation dated 21.04.2025.
2. The representation pertains to assignment of land and issuance of free patta to the landless poor people.
3. The claim for grant of free land patta is already in force and it is for the Government to take a decision to allot lands to the poor landless persons in terms of R.S.O. 21 and by ascertaining the eligibility of the persons and by strictly following the terms and conditions stipulated 2/4
under the scheme. However, High Court in exercise of the powers of judicial review cannot issue a direction to the authorities to grant free house site patta. In the event of issuing any such direction by the High Court, it will result in opening a pandora's box and every such person will attempt to secure free house site patta by filing writ petitions. Thus, the relief as such sought for cannot be entertained and the writ petition is liable to be dismissed. However, the case of the petitioner may be considered along with all other eligible persons who have already applied in the order of seniority and by following the procedures as contemplated under R.S.O. 21 and under the terms and conditions of the scheme.
4. Accordingly, this Writ Petition stands dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
[S.M.S., J.] [A.D.M.C., J.] 05.06.2025 Index:Yes/No Internet:Yes/No NCC:Yes/No abr 3/4
S.M.SUBRAMANIAM, J.
and DR.A.D.MARIA CLETE, J.
abr To 1.The District Collector, Pudukkottai District.
2.The District Adi Dravidar and Tribal Welfare Officer, Pudukkottai District.
3.The Special Tahsildar, Adi Dravidar Welfare Department, Pudukkottai.
4.The Tahsildar, Kulathur Taluk, Pudukkottai District.
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