S.Saraswathi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.02.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI and W.M.P(MD)No.15147 of 2020 S.Saraswathi .... Petitioner /Vs./ 1.The District Collector, Kanyakumari District at Nagercoil.

2.The District Revenue Officer, Kanyakumari at Nagercoil, Kanyakumari District.

3.The Revenue Divisional Officer, Padmanabhapuram, Kanyakumari District.

4.The Tahsildar, Kalkulam Taluk, Kanyakumari District.

5.The Block Development Officer, Thuckalay Panchayat Union, Thuckalay, Kanyakumari District.

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6.O.Honeerlal

7. Executive Engineer, Tamil Nadu Urban Habitat Development Board, Tirunelveli Division, NGO B-Colony Extn., Perumalpuram, Tirunelveli-627 007.

... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 5 to grant patta for the house site in S.No.245/12 to an extent of 0.00.48 square meter at Thipilli, Valavachakoshtam Village, Kalakulam Taluk, Kanyakumari District or to prove alternative site and house in the light of the petitioner's representation dated 15.11.2020. For Petitioner : Mr.J.David Ganesan For Respondents : Mr.B.Saravanan Additional Government Pleader For R6 : No appearance

ORDER

After hearing the counsel for the petitioner and Mr.B.Saravanan, learned Additional Government Pleader appearing for the official respondents, in the interest of justice, the Executive Engineer, Tamil Nadu Urban Habitat Development Board, Tirunelveli Division, NGO BColony Extn., Perumalpuram, Tirunelveli-627 007 is suo motu impleaded as seventh respondent.

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2. The petitioner has filed the instant writ petition seeking the relief of a Writ of Mandamus to direct the respondents to either grant patta for his house site comprised in survey number 245/12 measuring 0.00.48 square metres or to provide an alternative house in the light of the petitioner's representation dated 15.11.2020.

3. The learned Additional Government Pleader appearing for the respondents 1 to 5 would submit that the authorities have already considered the representation of the petitioner and are willing to provide an alternative house at Anjugramam, which is coming within the purview of the Tamil Nadu Urban Habitat Development Board, the newly impleaded respondent.

4. In the light of the above, the fourth respondent Tahsildar in consultation with the seventh respondent shall pass orders on the petitioner's representation, dated 15.11.2020 for providing an alternative house to the petitioner subject to usual terms and conditions, which would have to be necessarily complied by the writ petitioner. 3/6

5. Recording the submission, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Index : Yes / No NCC : Yes / No 24.02.2025 am 4/6

To 1.The Tahsildar, Peravurani Taluk, Peravurani, Thanjavur District.

2.The Firka Surveyor, Peravurani Firka, Peravurani Taluk, Thanjavur District.

3.The Village Administrative Officer, Enathikarambai Village, Peravurani Taluk, Thanjavur District.

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P.B. BALAJI , J.

am Order made in Dated:

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