Madras High Court
K.M.Sampath vs The District Collector on 27 November, 2023
Author: P.Velmurugan
Bench: P.Velmurugan
Order dated 27.11.2023 in
W.P.No.33321 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 27.11.2023
Coram:
THE HONOURABLE MR.JUSTICE P.VELMURUGAN
W.P.No.33321 of 2023
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K.M.Sampath, S/o M.Manicam .. Petitioner
Vs.
1. The District Collector,
Office of the District Collector,
Tirupattur, Tirupatur District.
2. The District Revenue Officer,
Office of the District Revenue Office,
Tirupattur,
Tirupattur Taluk, Tirupattur District.
3. The Tahsildar,
Office of the Tahsildar-Tirupattur Taluk Office,
Tirupattur Taluk, Tirupattur District. .. Respondents
Writ Petition filed under Article 226 of the Constitution of India, praying
for issuance of a Writ of Mandamus to direct the respondents 1 and 3 to consider
the petitioner's representation, dated 29.09.2023 and consequently direct the
third respondent to issue conditional Patta under HSD (Housing Scheme
Development) Patta Scheme for Thathavalli Revenue Village, T.Krishnapuram,
Tirupattur Taluk, Tirupattur District at Survey No.362.
For petitioner : Mr.S.Gopinath
For respondents: Mrs.Senthil Selvi, Govt. Advocate
Page No.1/6
https://www.mhc.tn.gov.in/judis
Order dated 27.11.2023 in
W.P.No.33321 of 2023
ORDER
The petitioner has filed this Writ Petition for issuance of a Writ of Mandamus to direct the respondents 1 and 3 to consider the petitioner's representation, dated 29.09.2023 and consequently direct the third respondent to issue conditional Patta under HSD (Housing Scheme Development) Patta Scheme for Thathavalli Revenue Village, T.Krishnapuram, Tirupattur Taluk, Tirupattur District at Survey No.362.
2. It is the case of the petitioner that Survey No.362 is situated at Thathavalli Revenue Village, T.Krishnapuram, Tirupattur Taluk, Tirupattur District, is a Grama Natham Poramboke Land. During the years 1990 and 2017, at the above said Survey No.362, the respondent-authorities have allotted land in Ka.Sa.No.362/19,362/20,362/21 and etc., to land-less poor people under HSD (Housing Scheme Department) Patta Scheme. The Patta granted to those land- less people were condition Patta. The Patta was granted as per their application requesting to grant Patta in their favour to the Government. The said Survey No.362 Grama Natham land is in the petitioner's family's possession for more than 30 years. The petitioner's three brothers and sister got the Patta in their name based on their possession. The petitioner is in possession of the said Page No.2/6 https://www.mhc.tn.gov.in/judis Order dated 27.11.2023 in W.P.No.33321 of 2023 house-site and paid tax and is maintaining the house-site and cultivating banana trees in the house-site.
3. It is the further case of the petitioner that the land in Survey No.362 is still a Grama Natham Poramboke land and the land has not been acquired or used for any other Government Scheme. The third respondent, vide order dated 02.09.2017, in HS No.2/1427(B2)/7067/2017, had granted conditional Patta under HSD Scheme to land-less people to Indrani, wife of Santhaseelan T.Krishnapuram Village, Tirupattur Taluk, Tirupattur District at Ka.Sa.No.362/20, situated at Survey No.362.
4. It is the grievance of the petitioner that since himself belong to the same village in Tirupattur District and being poor and land-less and having no other land to live in, had submitted a representation along with application to grant condition Patta of 54 Square Meters or 1.33 cents of land under HSD Scheme in Thathavalli Revenue Village, T.Krishnapuram, Tirupattur Taluk, Tirupattur District, in Survey No.362 to the respondents, but the petitioner did not get any reply till date from the respondents.
5. Further, the petitioner sent detailed representation dated 09.02.2021 and 29.09.2023 to the first and third respondents requesting them to allot 54 square meters or 1.33 cents of land under HSD scheme in Thathavalli Revenue Village T.Krishnapuram, Tirupattur Taluk, Tiruppattur District in Survey No.362 Page No.3/6 https://www.mhc.tn.gov.in/judis Order dated 27.11.2023 in W.P.No.33321 of 2023 so that the land-less people like the petitioner could get a home on their own and live peacefully, but till date, the petitioner has not received reply from the respondents. Hence, the petitioner has filed the present Writ Petition for the relief stated supra.
6. Heard both sides and perused the materials available on record.
7. Considering the limited scope of the prayer made in this Writ Petition, taking into consideration the facts and circumstances of the case, this Court, without going into the merits of the matter, directs the respondents to consider the representation dated 29.09.2023 of the petitioner, conduct enquiry, afford an opportunity of personal hearing to the petitioner and necessary parties, including the rival parties, if any and pass appropriate orders and dispose of the said representation on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order, if the petitioner is otherwise eligible for conditional patta under HSD Patta Scheme.
8. With the above observations and directions, this Writ Petition is disposed of. There shall be no order as to costs.
27.11.2023 cs Page No.4/6 https://www.mhc.tn.gov.in/judis Order dated 27.11.2023 in W.P.No.33321 of 2023 To
1. The District Collector, Office of the District Collector, Tirupattur, Tirupatur District.
2. The District Revenue Officer, Office of the District Revenue Office, Tirupattur, Tirupattur Taluk, Tirupattur District.
3. The Tahsildar, Office of the Tahsildar-Tirupattur Taluk Office, Tirupattur Taluk, Tirupattur District.
Page No.5/6 https://www.mhc.tn.gov.in/judis Order dated 27.11.2023 in W.P.No.33321 of 2023 P.VELMURUGAN, J cs W.P.No.33321 of 2023 27.11.2023 Page No.6/6 https://www.mhc.tn.gov.in/judis