R.V.Subhasini vs The District Collector on 5 April, 2018

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Madras High Court

R.V.Subhasini vs The District Collector on 5 April, 2018

Bench: M.S.Ramesh

        

 

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT               

DATED: 05.04.2018  

CORAM   

THE HONOURABLE Mr.JUSTICE M.S.RAMESH           

W.P.(MD)No.7351 of 2018  

R.V.Subhasini                                                   ... Petitioner

Vs.

1.The District Collector,
   Madurai District,
   Madurai.

2.The Tahsildar,
   Madurai North Taluk,
   Madurai.

3.The Tahsildar,
   Thiupurankundram Taluk,
   Thirunagar,
   Madurai.

4.The Tahsildar,
   Madurai Taluk,
   Y.Othakadai,
   Madurai.                                                             ... Respondents


PRAYER: Petition is filed under Article 226 of the Constitution of India, to
issue a writ of Mandamus, directing the first respondent to consider the
petitioner's representation dated 02.03.2018 seeking to issue free house site
patta in Thirupurankundram Taluk and its surroundings Nilayoor, Srinivasa
Colony and East Taluk Sakkimangalam and its adjacency in Madurai District. 


!For Petitioner         : Mr.Manikandan

For Respondents : Mr.V.Anand         
                                          Government Advocate 

:ORDER

This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the first respondent to consider the petitioner's representation dated 02.03.2018 seeking to issue free house site patta in Thirupurankundram Taluk and its surroundings Nilayoor, Srinivasa Colony and East Taluk Sakkimangalam and its adjacency in Madurai District.

2.Granting of free house-site patta is a policy decision to be taken by the Government and this Court exercising his power under Article 226 of the Constitution of India, may not be justified in directing the first respondent to grant free house site patta in favour of the petitioner.

3.Nevertheless, whenever an application is made seeking for issuance of free house-site patta, the first respondent will not be justified in keeping the petitioner's petition pending, without passing orders on the same in one way or other. Incidentally, the petitioner herein had given a representation on 02.03.2018 to the first respondent, which is said to be pending. As such, it would be appropriate to direct the first respondent to consider the petitioner's representation within the stipulated time.

4.In these circumstances, there shall be a direction to the first respondent to consider the petitioner's representation dated 02.03.2018 on its own merits and pass appropriate orders within a period of 8 weeks from the date of receipt of a copy of this order.

5.With the above observations, this writ petition is disposed of. No costs.

1.The District Collector, Madurai District, Madurai.

2.The Tahsildar, Madurai North Taluk, Madurai.

3.The Tahsildar, Thiupurankundram Taluk, Thirunagar, Madurai.

4.The Tahsildar, Madurai Taluk, Y.Othakadai, Madurai.

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