Madras High Court
G.Mohan Sundar Rajan vs The District Collector on 10 August, 2023
W.P.No.23500 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.08.2023
CORAM :
THE HON'BLE MR.JUSTICE S.M. SUBRAMANIAM
W.P.No.23500 of 2023
and W.M.P.No.23013 of 2023
G.Mohan Sundar Rajan .. Petitioner
Versus
1.The District Collector,
District Collector Office,
Salem, Salem District-635001.
2.The Sub Collector,
Mettur Taluk, Sub Collector Office,
West Main road, Mettur Dam,
Salem District – 636401. ..Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
for issuance of writ of Certiorarified Mandamus calling for the records in
order dated 30.06.2022 in proceedings in Na.Ka.No.22152/2022/K2 before
the District Collector, Salem, quash the same as illegal and direct the
respondents to issue patta based on the Judgment and decree dated
25.03.2021 in A.S.No.26 of 2019 passed by the Sub court, Mettur.
For Petitioner : Mr.M.Venkadesh Kumar
For Respondents : Mr. E.Sundaram,
Government Advocate.
1/6
https://www.mhc.tn.gov.in/judis
W.P.No.23500 of 2023
ORDER
The order dated 30.06.2022 passed by the District Collector rejecting
the claim of the Writ Petitioner for grant of free house site Patta is under
challenge in the present Writ Petition.
2.The petitioner states that he is in possession and occupation of the
land in Survey No.46/6 measuring 0.10 cents and Survey No.46/5
measuring 0.07 cents in Amaram Village, Mettur Taluk, Salem District.
The petitioner states that he is in possession of the land for the past about 50
years from the death of his father. The father of the Writ Petitioner filed a
Civil Suit in O.S.No.269 of 2011 before the District Munsif Court, Mettur
for the relief of injunction, adverse possession and declaration and the same
was partly decreed on 16.10.2019. His father preferred an appeal in
A.S.No.26 of 2019, which was allowed on 25.03.2021. The petitioner
approached the respondents seeking patta for the land and house site at
Door No.101. The said application was not considered and the petitioner
submitted a representation again. In view of the fact that the authorities
https://www.mhc.tn.gov.in/judis
W.P.No.23500 of 2023
have not considered the case of the writ petitioner, the present writ petition
is filed.
3.The learned Government Advocate appearing on behalf of the
respondents brought to the notice of this Court that the subject land has
been classified as Government Poramboke i.e. 'Arasu Vandi Padhai'. The
father of the petitioner was in occupation of the Government Poromboke
land which has been classified as 'Vandi Padhai' and therefore, the District
Collector has not considered the case of the Writ Petitioner for the purpose
of grant of free house site patta.
4.The scheme of free house site patta is to be granted only in respect
of the landless poor persons who are eligible to get the benefits from the
public money. The Government lands belongs to we the people of India and
such lands are to be allotted only to the deserving people and not to those
who already own properties or have sufficient source of income. In the
present case, the petitioner's father is an Ex-servicemen, the petitioner was
https://www.mhc.tn.gov.in/judis
W.P.No.23500 of 2023
working in the Tamil Nadu Government Transport Corporation and the wife
of the petitioner is working as a Teacher. The petitioner's family is owning
3.72 acres of land in that locality. When the petitioner and his wife are
working in Government sector and the father of the petitioner was an Ex-
Servicemen and the family is owning large extent of land, the District
Collector has rightly rejected the claim of the petitioner for grant of free
house site patta. The family of the petitioners are entitled for free house site
patta from the Government and thus, the impugned order is not in
consonance with the scheme of the Government in force.
5.Accordingly, the writ petition stands dismissed. No costs.
Consequently, connected miscellaneous petition is closed.
10.08.2023
Index : yes/no
Speaking order/Non-speaking order
Neutral Citation : yes/no
cse/veda
https://www.mhc.tn.gov.in/judis
W.P.No.23500 of 2023
To
1.The District Collector,
District Collector Office,
Salem, Salem District-635001.
2.The Sub Collector,
Mettur Taluk, Sub Collector Office,
West Main road, Mettur Dam,
Salem District – 636401.
https://www.mhc.tn.gov.in/judis
W.P.No.23500 of 2023
S.M.SUBRAMANIAM, J.
cse/veda
W.P.No.23500 of 2023
10.08.2023
https://www.mhc.tn.gov.in/judis
