A writ petition seeking direction for allotment of government land to members of a cobblers' union. The single judge disposed of the petition, rejecting the claim that land can be chosen as a right and stating that identification is the government's domain.
The writ petition stands disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No.13180 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 28.9.2022
CORAM
THE HONOURABLE Mr.JUSTICE N.SATHISH KUMAR
W.P.No.13180 of 2013
Tamilnadu Arunthathiyar Kalanigal Thozhilalar Nala Sangam Rep. by General Secretary A.Dhayalan ... Petitioner
Vs.
1 The Secretary to Government, Government of Tamil Nadu, SC/ST Welfare Department, Fort St. George, Chennai 600 009.
Prayer:- The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, directing the Respondents to allot house sites and pattas to the members of the petitioner Sangam (Whose list is enclosed herewith along with the writ petition) in accordance with the G.O. passed by the Adi-Dravida and Schedule Tribes Welfare Department dt.17.09.96 in G.O.Ms.No.112.
For Petitioner : Mr.P.Saravanan For Respondents : Mrs.C.Sangamithirai, Spl.Govt. Pleader ******
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O R D E R
The writ petition is to direct the respondents to allot house sites and
pattas to the members of the petitioner's Sangam. According to the petitioner, the major profession of the members of the petitioner Sangam is cobbling. The petitioner being the General Secretary of the said Sangam has approached the Government of Tamil Nadu to allot 3 cents of land in pursuance to the G.O. passed by the Government of Tamil Nadu in G.O.Ms.No.112 dated 17.9.1996 issued by Adi Dravida and Schedule Tribes Welfare department. As per the G.O., every member of the petitioner Sangam is entitled to allotment of housesite and patta. The petitioner Sangam has given a representation to the Head quarters Deputy Tahsildar, Tambaram requesting him to give information with regard to the availability of Government Poromboke and Panchami lands under Right to Information Act which discloses that in 20 places in Tambaram Taluk, poramboke and Panjami lands are available and hence, the said lands shall be allotted to the landless members of the petitioner's Sangam.
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for allotment. Therefore, the contention of the learned Special Government Pleader is that the representation of the petitioner Sangam was already considered and rejected by the authorities concerned. The Special Government Pleader also submit that as a matter of right, the petitioner cannot choose a particular land for allotment of housesite and hence seeks for dismissal of the writ petition.
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W.P.No.13180 of 2013
cannot be countenanced as the identification of the lands for allotment of
housesite is the domain of the Government considering the value of the land.
No costs.
28.09.2022
Speaking/Non Speaking order Index: Yes/No vaan
1 The Secretary to Govt. SC/ST Welfare Department, Fort St. George, Chennai 600 009.
2 The District Collector, Kancheepuram District, Kancheepuram.
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W.P.No.13180 of 2013
N.SATHISH KUMAR, J. vaan
W.P.No.13180 of 2013
Dated: 28.9.2022
1 issue framed by the court
Whether the petitioner Sangam is entitled to allotment of housesites and pattas under G.O.Ms.No.112 dated 17.9.1996.
2 provisions across 2 enactments
Tamilnadu Arunthathiyar Kalanigal Thozhilalar Nala Sangam Rep. by General Secretary A.Dhayalan
The Secretary to Government, Government of Tamil Nadu, SC/ST Welfare Department, Fort St. George, Chennai
The District Collector, Kancheepuram District
N.SATHISH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
