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Madras High CourtWP(MD)/5483/2018disposed of

M.Senthilkumar, S/O.Muppidathi v. The District Collector,

2024-07-19Honourable Mr Justice C. Saravanan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.07.2024

CORAM

THE HON'BLE MR.JUSTICE C.SARAVANAN M.Senthilkumar ... Petitioner Vs.

1.The District Collector, Tirunelveli District.

2.The District Adhidhravidar and Tribal Welfare Officer, O/o.The District Adidhravidar and Tribal Welfare Office, Tirunelveli District.

3.The Special Tashildar, Adhidhravidar and Tribal Welfare Department, Sankarankovil Taluk, Tirunelveli District.

4.Shanmugathai, W/o.Chinnakaruppasamy 5.Muniammal, W/o.Subbramaniayan ... Respondents [R4 and R5 were impleaded vide order dated 05.04.2018 in W.M.P.(MD)No.6414 of 2018] Page No. 1 of 5

Prayer: Writ Petition filed under Article 226 of Constitution of India for issuance of a Writ of Mandamus, directing the second and third respondents to consider the petitioner's representations dated 18.12.2017 and 19.02.2018 in accordance with law, within the time frame that may be fixed by this Court.

For Petitioner : No Appearance For R1 to R3 : Mr.S.P.Maharajan Special Government Pleader For R4 and R5 : No Appearance

O R D E R

Although there is no representation on behalf of the petitioner and the private respondents i.e., fourth and fifth respondents, who were impleaded vide order dated 05.04.2018 in W.M.P.(MD)No.6414 of 2018, this Writ Petition is being disposed of, as no adverse orders are proposed to be passed against them.

2. This Writ Petition has been filed for issuance of a Writ of Mandamus directing the second and third respondents to consider the petitioner's representations dated 18.12.2017 and 19.02.2018 in accordance with law, within the time that may be fixed by this Court. Page No. 2 of 5

3. It is the specific case of the petitioner that while allotting 50 house site pattas and 2 shop site pattas to people belonging to the Scheduled Caste community and downtrodden categories, the official respondents have allotted 2 shop site pattas, specifically reserved for physically challenged persons to do small and petty business, to the fourth and fifth respondents who do not belong to this category. The said shops are located in front of the street.

4. Therefore, the petitioner sent representations dated 18.12.2017 and 19.02.2018 to the official respondents requesting action against malpractice during patta allotment. However, these representations did not receive any response from the official respondents. Therefore, the present Writ Petition has been filed.

5. Under these circumstances, I am inclined to dispose of this Writ Petition by directing the official respondents to consider the petitioner's representations dated 18.12.2017 and 19.02.2018 and pass appropriate orders on merits and in accordance with law, as expeditiously as possible. Needless to state, if any adverse orders are proposed to be passed against Page No. 3 of 5

the fourth and fifth respondents, they shall also be heard before such order is passed.

6. Accordingly, this Writ Petition stands disposed of. No costs. 19.07.2024 Index: Yes / No Speaking Order / Non-Speaking Order JEN Copy To:

1.The District Collector, Tirunelveli District.

2.The District Adhidhravidar and Tribal Welfare Officer, O/o.The District Adidhravidar and Tribal Welfare Office, Tirunelveli District.

3.The Special Tashildar, Adhidhravidar and Tribal Welfare Department, Sankarankovil Taluk, Tirunelveli District.

Page No. 4 of 5

C.SARAVANAN , J.

JEN 19.07.2024 Page No. 5 of 5