Vasantha v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.02.2025
CORAM:
THE HONOURABLE MR JUSTICE P.B. BALAJI and W.M.P(MD)No.21664 of 2023 Tmt.Vasantha .... Petitioner /Vs./ 1.The District Collector, Virudhunagar District, Virudhunagar.
2.The Revenue Divisional Officer, Virudhunagar Taluk, Virudhunagar.
3.The Tahsildar, Virudhunagar Taluk, Virudhunagar.
4.Thiru.Vijayaragavan ... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records of the third respondent impugned order in Na.Ka.Aa.1/996/2023 dated 17.03.2023 and quash the same and consequently, to direct the third 1/5
respondent to cancel the free house site patta issued in favour of the fourth respondent in Nee.Mu.Aa.1/6393/2021 dated 20.01.2022 and to direct the respondents to reevaluate the allocation of the free patta to the fourth respondent, following the relevant government policies and guidelines as per Revenue Standing Order No.21. For Petitioner : Mrs.S.Mahalakshmi For R1 to R3 : Mr.C.Satheesh Government Advocate For R4 : Mr.S.Ramasamy
ORDER
The writ petition has been filed challenging the impugned order of the third respondent in Na.Ka.Aa1/996/2023, dated 17.03.2023 and consequently, direct the respondents to cancel the free house site patta issued in favour of the fourth respondent by proceedings dated 20.01.2022.
2. I have heard the learned counsel appearing for the petitioner and Mr.M.Sidharthan, learned Additional Government Pleader appearing for the respondents 1 to 3.
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3. The case of the petitioner is that the fourth respondent is not a landless person entitled to grant of free house site patta. Further, according to the petitioner, the third respondent was not even competent to issue the free house site patta. The value of which was in excess of Rs. 30,000/- and therefore, on this limited ground, the impugned order sought to be set aside.
4. The learned Government Advocate appearing for the respondents 1 to 3 would fairly submit that patta was issued by the third respondent without having jurisdiction in respect of the subject property value of which was certainly excess of more than Rs.30,000. 5.Therefore, without going into the other contentions of the writ petitioner, on the ground of lack of jurisdiction alone, the impugned order is liable to be set aside and consequently patta issued to the fourth respondent also has to necessarily go. However, this order will not stand in the way of the fourth respondent approaching the competent authority namely the second respondent for issuance of free house site patta, if he is entitled as per law.
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6. With the above direction, the writ petition is allowed. No costs. Consequently, connected miscellaneous petition is closed. Index : Yes / No NCC : Yes / No 20.02.2025 am To 1.The District Collector, Virudhunagar District, Virudhunagar.
2.The Revenue Divisional Officer, Virudhunagar Taluk, Virudhunagar.
3.The Tahsildar, Virudhunagar Taluk, Virudhunagar.
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P.B. BALAJI , J.
am Order made in Dated:
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