Chinnapandi v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.08.2024
CORAM:
THE HONOURABLE MS.JUSTICE P.T.ASHA 1.Chinnapandi 2.P.Podhumponnu 3.Thangalingam 4.Balamurugan 5.M.Panjammal 6.Arumugam 7.Subbulakshmi 8.K.Palpandi 9.K.Pandiselvi 10.Saravanan 11.Maruthupandi 12.Murugeswari 13.Premkumar 14.Muthaiya 15.Vanitha 16.Katchammal 17.Karuppaiya 18.Azhagukannan
19.Arunadevi 20.Mayakkal 21.Azhagu 22.Nagajothi .. Petitioners Vs.
1.The District Collector, Madurai District, Madurai.
2.The District Adi Dravidar Welfare Officer, Madurai District, Madurai.
3.The Tahsildar, Madurai West Taluk, Madurai District.
4.The President, Melakuyilkudi Panchayat, Nagamalai, Madurai District.
.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents to consider the petitioners' representation dated 29.01.2024 and to issue free house site patta to the petitioners in the land comprised in Survey No. 98/1 situated at Melakuyilkudi Village, Nagamalai, Madurai District within a stipulated time frame to be fixed by this Court.
For Petitioner :
Mr.A.Jayaramachandran For Respondents :
Mr.P.Thambidurai Government Advocate
ORDER
This writ petition is filed for a mandamus to issue direction to the respondents to consider the petitioners' representation dated 29.01.2024 and to issue free house site patta to the petitioners in the land comprised in Survey No.98/1, situated at Melakuyilkudi Village, Nagamalai, Madurai District.
2. The petitioners belong to the Adi Dravidar community, who are blow the poverty line and who are eking out their livelihood as agricultural coolies. The petitioners are the native residents of Melakuyilkudi Village and to date, they do not have a roof over their head. The grievance of the petitioners is that not only do they belong to marginalized society, but they are also marginalized by the State. Despite several schemes for providing houses to the houseless families, the petitioners are not getting the benefits of this benevolence. It is also their
contention that an extent of nearly 3 acres in S.No.98/1 in Melakuyilkudi Village is classified as "Government poramboke land" and is kept idle without any use by the Government to date. The petitioners had made representations to the authorities in the month of November, 2023 to issue free house site pattas to them with regard to the aforesaid lands. The fourth respondent being the Panchayat had also passed a resolution dated 26.01.2024, whereby the Grama Sabha has approved the proposal for the issuance of free house site pattas to the petitioners and 20 other persons belonging to other communities. Even this has evoked no response on the side of the first respondent. The first respondent had simply forwarded the representation to the second and third respondents and the petitioners were directed to appear before them in 15 days. They had also approached respondents 2 and 3. However, there has been no positive response from them. Therefore, the present writ petition has been field by the petitioner.
3. Considering the genuine grievance of the petitioners and also taking into account the fact that there is poramboke land available which
has not been put to any other use, this Court directs the respondents to consider the petitioners' representation and pass orders within a period of six weeks from the date of receipt of a copy of this order.
4. With the above direction, this Writ Petition is allowed. No costs. 05.08.2024 (2/2) NCC : Yes/No Index : Yes/No Internet : Yes abr To 1.The District Collector, Madurai District, Madurai.
2.The District Adi Dravidar Welfare Officer, Madurai District, Madurai.
3.The Tahsildar, Madurai West Taluk, Madurai District.
4.The President, Melakuyilkudi Panchayat, Nagamalai, Madurai District.
P.T.ASHA, J.
abr Dated: 05.08.2024 (2/2)