Dhanam R@ Dhanalakshmi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.01.2022

CORAM:

THE HONOURABLE MR.JUSTICE C.V. KARTHIKEYAN W.P.[MD].No.22735 of 2021 R.Dhanam @ Dhanalakshmi ... Petitioner Vs.

1.The District Collector, Theni District, Theni.

2.The District Backward and Minority Welfare Officer, Theni District, Theni.

3.The Thasildar, Periyakulam, Theni District.

...Respondents

PRAYER : Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the third respondent to grant patta in favour of the petitioner in Survey No.1274/22, No.2/2 Pudhu Road, Perumalpuram, Keela Vadakarai Village, Periyakulam Post, Theni District, based on the petitioner's representation as in person dated 22.11.2021 within a time frame that may be stipulated by this Court.

For Petitioner : Mr.C.Vakeeswaran For Respondents : Mr.J.John Rajadurai, Government Advocate (Civil)

ORDER

Heard Mr.C.Vakeeswaran, learned counsel appearing for petitioner and Mr.John Rajadurai, learned Government Advocate appearing for respondents.

2. The present Writ Petition has been filed in the nature of Mandamus seeking a direction to the third respondent/Tahsildar, Periyakulam, Theni District, to grant patta in favour of the petitioner herein for the land situated in Survey No.1274/22 at No.2/2, Pudhu Road, Perumalpuram, Keela Vadakarai Village, 1/3

Periyakulam Post, Theni District.

3. The petitioner had given a representation on 22.11.2021. It is the case of the petitioner that in fact, the petitioner and several others have been granted house sites as beneficiaries in the year 2005 by the third respondent/Tahsildar, Periyakulam, Theni District vide proceedings in Na.Ka.No.14061/2005/A10. The petitioner was allotted Survey No.1274/22 measuring 0.00.5 hectares. However, when the respondent had come up for inspection, the petitioner was not available. It is claimed that she had gone out for daily work. Others, who were granted house sites, have been granted free patta. The petitioner has, thereafter, given a representation. The said representation had been forwarded by the first respondent/District Collector to the second respondent/the District Backward and Minority Welfare Office. The second respondent, in turn, had forwarded the said representation of the petitioner to the third respondent. However, till now, there is no action taken by the third respondent.

4. Hence, a direction is issued to the third respondent/Tahsildar, Periyakulam, Theni District, to examine the allotment of the house sites, in particularly, Survey No.1274/22 to the petitioner herein in the year 2005 and thereafter, examine the petitioner, make a spot inspection, issue to notice anybody else, who raises any objection with regard to the claim of the petitioner in Survey No.1274/22 and pass necessary orders with respect to the inspection and enquiry conducted by him. The entire exercise be completed within a period of 12 weeks from the date of receipt of a copy of this order.

5. Accordingly, the Writ Petition is disposed of. No costs. Sd/- Assistant Registrar(AE) // True Copy // / /2022 Sub Assistant Registrar(CS) ssb To 1.The District Collector, Theni District, Theni.

2.The District Backward and Minority Welfare Officer, Theni District, Theni.

2/3

3.The Thasildar, Periyakulam, Theni District.

+1 CC to M/s.C.VAKEESWARAN, Advocate ( SR-1800[F] dated 20/01/2022 ) +1 CC to M/s.SPL GP ( SR-1879[F] dated 20/01/2022 ) W.P.[MD].No.22735 of 2021 19.01.2022 SK(CO) TR(02.02.2022) 3P 6C 3/3