Sankarapandian.S v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.09.2022

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD W.P(MD)No.23051 of 2022 S.Sankarapandian ... Petitioner Vs.

1.The District Collector, District Collectorate, Virudhunagar, 2.The District Revenue Officer, Virudhunagar, 3.The Revenue Divisional Officer, Aruppukottai, 4.The Thasildhar, Thasildhar Office, Aruppukottai, 5.A.Angammal 6.K.Devi ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, to direct the respondents to 1/6

consider the petitioner representation dated 29.06.2022 and direct to the respondents to take necessary steps to cancel the Free Assignment of House Site PATTA.

For Petitioner : Ms.S.Bharathi For Respondents 1 to 4 : Mr.P.Thilak Kumar, Government Pleader * * *

O R D E R

(Order of the Court was made by R.MAHADEVAN, J.) The petitioner has come forward with this writ petition praying to issue a Writ of Mandamus, directing the respondents to consider his representation dated 29.06.2022 and for a direction to the respondents to take necessary steps to cancel the Free Assignment of House Site Pattas issued in favour of the respondents 5 and 6.

2.

Heard Ms.S.Bharathi, learned counsel for the petitioner and Mr.P.Thilak Kumar, learned Government Pleader, who accepts notice on behalf of the respondents 1 to 4. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

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3.

Having regard to the nature of the order proposed to be passed in this writ petition, notice to the respondents 5 and 6 is dispensed with.

4.

Pointing out that the 5th respondent is the motherin- law of the 6th respondent and though their husbands, who are the father and son, own lands in the Mandapasalai Village through inheritance and by purchase respectively, suppressing the same and by giving false assurance to the Government of Tamil Nadu the respondents 5 and 6 obtained free assignment of house site pattas on 14.11.2019 in respect of S.Nos.529/17 and 528/18 respectively, in violation of the guidelines issued by the State Government for issuing free house site patta, the petitioner submitted a representation to the official respondents on 29.06.2022 and the same, according to the learned counsel for the petitioner, remains as such.

5.

Learned counsel for the petitioner would further submit that though the petitioner has sought for a larger relief, he would be satisfied if a direction is issued to the first respondent - District Collector to consider the representation of the petitioner dated 29.06.2022, in accordance with law.

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6.

Considering the limited scope of the prayer now sought for by the petitioner, without expressing any opinion on the merits of the claim made by the petitioner either in the representation or in the affidavit filed in support of the Writ Petition, this Writ Petition is disposed of with a direction to the first respondent to consider the representation of the petitioner dated 29.06.2022 and pass appropriate orders on merits and in accordance with law, after affording an opportunity of hearing to the petitioner, respondents 5 and 6 and all other parties concerned. Such an exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order. No costs. [R.M.D., J.] [J.S.N.P., J.] 30.09.2022 Internet : Yes/No Index : Yes / No sj To 1.The District Collector, District Collectorate, Virudhunagar, 2.The District Revenue Officer, Virudhunagar, 4/6

3.The Revenue Divisional Officer, Aruppukottai, 4.The Thasildhar, Thasildhar Office, Aruppukottai, 5/6

R.MAHADEVAN, J.

and J.SATHYA NARAYANA PRASAD , J.

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