Madras High Court
Unknown vs The District Collector on 6 June, 2023
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
W.P.No.34880 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.06.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.34880 of 2014 and
M.P.No.1 of 2014
1.N.Elumalai
2.R.Perumal
3.S.Ramya
4.P.Ramachandran
5.A.Poongavanam
6.M.Shanmugapriya
7.R.Pushparaj
8.K.Saravanan
9.N.Sagunthala
10.A.Alamelu Ammal
11.R.Govindammal
12.A.Ibrahim
13.G.Hanif
14.E.Sanjala
15.E.Manonmani
16.K.Govindaraj
17.K.Kuppammal
18.P.Kamalakshmi
19.P.Ammu
20.K.Viruthambal
21.R.Kamalakanni
22.E.Rajaram
23.K.Valliyammal
24.K.Thayammal
25.V.Arumugam
26.S.Murugan
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W.P.No.34880 of 2014
27.E.Subramani
28.V.Perumal Gounder
29.C.Subramani ... Petitioners
Vs
1.The District Collector,
Villupuram District,
Villupuram.
2.The District Revenue Officer,
Villupuram District,
Villupuram.
3.The Revenue Divisional Officer,
Tindivanam,
Villupuram District.
4.The Tahsildar,
Gingee, Villupuram District.
5.The Executive Officer,
Gingee Town Panchayat,
Gingee, Villupuram District.
6.The Chairman,
Gingee Town Panchayat,
Gingee, Villupuram District. ... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India
praying for issuance of a Writ of Certiorarified Mandamus calling for the
records pertaining to the impugned order in Na.Ka.No.A2/18/2014 dated
07.10.2014 and 28.10.2014 on the file of the 5th respondent and quash the
same and consequently direct the respondents to issuance of house site patta
under the special scheme of the respondents for the said houses of the
petitioners herein within a stipulated time based on the petitioner's
representation dated 15.10.2014.
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W.P.No.34880 of 2014
For Petitioners : Mr.K.Murugesan
For Respondents : Mr.D.Ravichander
Special Government Pleader
for R1 to R4
: No appearance for R5 & R6
ORDER
The relief sought for in the present writ petition is to quash the order of rejection dated 07.10.2014 and direct the respondents to issue house site patta in favour of the petitioners under the Special Scheme.
2. The order impugned reveals that the petitioners had encroached upon water body and thereafter submitted an application seeking patta. The subject property has been classified as 'Eri (Vup)' and therefore, the authorities are not empowered to grant patta in respect of the water body.
3. The learned counsel for the petitioners made a submission that the petitioners are already evicted from the water body and whether alternate accommodation has been given or not is not known to the learned counsel appearing on behalf of the petitioners.
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4. Alternate accommodation can never be claimed as an absolute right and it is to be granted under the Scheme if any and by following the procedures as contemplated. However, the subject property is a water body and the petitioners had already been evicted from the water body. That being the factum, no further consideration is required as far as the relief sought for by the petitioners is concerned and it is for the petitioners to submit an application if they are otherwise eligible for any allotment or otherwise in the manner known to law. Accordingly, the Writ Petition stands dismissed. However, there shall be no order as to costs.
Consequently, connected miscellaneous petition is also dismissed.
06.06.2023 Index : Yes Speaking Order : Yes Sgl To
1.The District Collector, Villupuram District, Villupuram.
2.The District Revenue Officer, Villupuram District, Villupuram.
3.The Revenue Divisional Officer, Tindivanam, Villupuram District.
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4.The Tahsildar, Gingee, Villupuram District.
5.The Executive Officer, Gingee Town Panchayat, Gingee, Villupuram District.
6.The Chairman, Gingee Town Panchayat, Gingee, Villupuram District.
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