Uma Maheswari v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Uma Maheswari ... Petitioner Vs.

1.The District Collector, Thoothukudi District.

2.The Thasildar, Ottapidaram Taluk, Thoothukudi District.

... Respondents Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents to grant free house site patta for the petitioner's house site in Survey No. 224/1 in Jambulingapuram, Ottapidaram Taluk, Thoothukudi District, on the basis of her representation dated 09.10.2017 within a stipulated time as fixed by this Court.

For Petitioner : Mr.G.Thalaimutharasu For Respondents : Mr.R.Suresh Kumar Additional Government Pleader

ORDER

The petitioner has filed this writ petition for a mandamus directing the respondents to grant free house site patta for the petitioner's house site in Survey No.224/1 in Jambulingapuram, Ottapidaram Taluk, Thoothukudi District, based on her representation dated 09.10.2017. 2.The learned counsel for the petitioner submits that though the petitioner is eligible for allotment of free house site patta, the representation of the petitioner is pending from the year 2017. 3.The learned Additional Government Pleader appearing for the respondents by referring the counter affidavit submits that the petitioner has not fulfilled the basic eligibility criteria for grant of free house site patta. According to him, the basic eligibility to grant free house site patta is that the beneficiary should have resided in the same locality for a minimum period of five years, but the petitioner is residing in Jambulingapuram Village only for a period of one year and further, to obtain free house site patta, the beneficiary should not have any nanja or

punja land in their name. In the case on hand, the petitioner is also having a land in Survey No.212 in Jambulingapuram Village and in respect of the said land, the joint patta has been issued in favour of the petitioner in Patta No.768. Therefore, the petitioner is not entitled for a mandamus as prayed for.

4. Recording the above submissions, this Writ Petition is closed. No costs.

25.03.2024 NCC : Yes/No Index : Yes/No Internet : Yes/No cp To 1.The District Collector, Thoothukudi District.

2.The Thasildar, Ottapidaram Taluk, Thoothukudi District.

B.PUGALENDHI,J cp W.P.(MD)No.12649 of 2018 Dated: 25.03.2024