Madras High Court
P.Santhimary vs The District Collector on 20 March, 2023
W.P(MD)No.5942 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 20.03.2023
CORAM:
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN
W.P(MD)No.5942 of 2023
P.Santhimary ... Petitioner
Vs.
1.The District Collector
Dindigul District,
Dindigul.
2.The Revenue Divisional Officer,
Dindigul.
3.The Tashildar
Aathoor Taluk,
Dindigul District.
4.The Block Development Officer
Aathoor Union Office,
Dindigul District.
5.The President
Alamarthupatti Panchayat,
Aathoor Taluk,
Dindigul District.
... Respondents
1/6
https://www.mhc.tn.gov.in/judis
W.P(MD)No.5942 of 2023
PRAYER : Writ Petition is filed under Article 226 of the Constitution of
India praying to issue a Writ of Mandamus to direct the third respondent
to consider the petitioner's representation dated 06.02.2023 and
consequently directing them to issue free Housing Patta.
For Petitioner : Mr.B.Senthilkumar
For Respondents : Mr.J.Ashok - for R1 to R4
Additional Government Pleader
ORDER
The writ petition has been filed in the nature of Mandamus
seeking consideration of a representation dated 06.02.2023 and to direct
the third respondent, Tahsildar, Aathoor Taluk, Dindigul District to
consider the said representation and issue free housing patta in any
alternative place to the petitioner herein. The petitioner is now residing
in 4/135B, Alamarathupatti, Renganathapuram, Alamarathupatti, Aathoor
Taluk, Dindigul District.
2. In the affidavit, she claims that she has been residing
there for several years. In the mean while, a W.P.(MD)12056 of 2021
https://www.mhc.tn.gov.in/judis
W.P(MD)No.5942 of 2023
came to be filed in the nature of a 'Public Interest Litigation' by one
Rajarathinam with respect to the very same area where the petitioner is
residing seeking to vacate / remove the encroachments made in the cart-
track. That writ petition was allowed by order, dated 26.10.2022 by the
Division Bench of this Court. Consequently, the respondents have taken
steps to remove the encroachments which also included the petitioner
herein.
3. The learned counsel for the petitioner drew notice to two
communications issued by the third respondent / Tahsildar dated
16.11.2017 and 20.12.2017 wherein it had been stated that with respect
to the Special Schemes, grant of alternative site would be considered.
The petitioner had given a representation seeking alternate sites for
residential purpose, since notice had been issued by the third respondent
asking the petitioner to vacate the premises.
4. The third respondent may examine the representation
given by the petitioner in the light of the judgment of the Division Bench
of this Court in W.P.(MD) No.12056 of 2021 dated 26.10.2022 and also
https://www.mhc.tn.gov.in/judis
W.P(MD)No.5942 of 2023
whether the petitioner can be granted any relief and then take a
considered decision. Such decision should be taken within a period of
six weeks from the date of receipt of a copy of this order. Before taking
such decision, notice must be issued to the petitioner and the petitioner
must also be heard.
5. With the above observation, the writ petition stands
disposed of. No costs.
20.03.2023
Index :Yes/No
Internet :Yes/No
NCC : Yes / No
rm
https://www.mhc.tn.gov.in/judis
W.P(MD)No.5942 of 2023
To
1.The District Collector
Dindigul District,
Dindigul.
2.The Revenue Divisional Officer,
Dindigul.
3.The Tashildar
Aathoor Taluk,
Dindigul District.
4.The Block Development Officer
Aathoor Union Office,
Dindigul District.
5.The President
Alamarthupatti Panchayat,
Aathoor Taluk,
Dindigul District.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.5942 of 2023
C.V.KARTHIKEYAN, J.
rm
W.P(MD)No.5942 of 2023
20.03.2023
https://www.mhc.tn.gov.in/judis
