Disposed

B.Chakkaravarthy v. the District Collector

Madras HC26 Sept 2024WP/19717/2024

Case brief

AI extract

What is this about?

The High Court directed the District Collector to consider the petitioner's representation dated 04.07.2024 regarding alternative housing sites for families displaced by a cyclone. The Court directed the authority to pass final orders on merits within twelve weeks and disposed of the writ petition without deciding the substantive claim.

What did the court decide?

Direction to the First Respondent to consider the petitioner's representation of 04.07.2024 and pass final orders on merits within twelve weeks.

B.Chakkaravarthy Vs the District Collector — Land Acquisition | Madras HC (2024)

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W.P.No.19717 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 26.09.2024

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CORAM:

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THE HONOURABLE MR.JUSTICE S.SOUNTHAR

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W.P.No.19717 of 2024

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and WMP.No.21588 of 2024

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1.B.Chakkaravarthy

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2.B.Lakshmanan

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3.C.Mary Stella

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4.S.Umarani

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5.D.Agens

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6.S.Satheesh Kumar

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7.Dhanapal

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8.Kumaran Sathiyanathan

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9.R.Manivannan

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10.R.Parthasarathy

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11.J.Jeeva

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12.Theressa

13.A.Kanyakumari

14.C.Jayanthi

15.J.Ravishankar

16.K.Jayaprakash Narayan

17.S.Sakthivel

18.S.Sujatha

19.A.Pounambal

20.C.Manojkumar

21.G.Anithabanu

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22.S.Sivakumar

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23.C.Subramanian 24.S.Chandrasekaran 25.B.Rajini

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1/8

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https://www.mhc.tn.gov.in/judis

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W.P.No.19717 of 2024

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26.R.Hemavathy 27.C.Anuratha 28.R.Maheswari 29.R.Vijayalakshmi 30.A.Swaminathan 31.S.Karthick 32.S.Selvi 33.D.Leela 34.A.Shanmugham 35.V.Mohan 36.R.Dinesh 37.R.Balaji 38.V.Devaraj 39.P.Sarathy 40.D.Renganayaki 41.A.Chandramathi 42.D.Rajkumar 43.R.Lakshmi 44.Karpavalli 45.B.Sundaramoorthy 46.R.Venkatapathi 47.P.Kanniyammal 48.E.Malliga 49.D.Lokesh 50.R.Vasanthi 51.A.Annadurai 52.M.Malarkodi 53.R.Jothi 54.A.Kailash 55.L.Kavitha 56.L.Vasanthi 57.N.Kavitha 58.S.Rani 59.M.Sekar 60.L.Aakshaya 61.S.Sundaresan

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2/8

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https://www.mhc.tn.gov.in/judis

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W.P.No.19717 of 2024

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62.K.Sivakumar 63.G.Pitchumani 64.V.Nirmala 65.K.Velmurugan 66.S.Meenalokshini 67.A.Annathurai 68.K.Kaliyammal 69.M.Premavathy 70.R.Shanmuga Sundaram 71.S.Kulanthai Sekar 72.S.Bakkialakshmi 73.S.Shanthi Sekar 74.G.Renuga Parameswari 75.S.Karthick 76.S.Sannkareshwari 77.D.Sueela 78.M.Arokkiasamy 79.C.Vasantha 80.D.Indira 81.Jenitha

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... Petitioners

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vs.

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1.The District Collector, The District Collector Office, Thiruvallur District, Thiruvallur.

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2.The District Revenue Officer, Thiruvallur District, Thiruvallur. 3.The Revenue Divisional Officer, Thiruvallur District, Thiruvallur.

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3/8

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https://www.mhc.tn.gov.in/judis

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W.P.No.19717 of 2024

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4.The Tahsildar, Thiruvallur Taluk Office, Thiruvallur, Thiruvallur District.

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... Respondents

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Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus directing the respondents to accommodate alternative site to the 81 families in Survey No.850/3 or alternative site vacant land in Pakkam Punjai Anadeenam Survey No.843 and Punjai Anadeenam Survey No.313/1 in Pakkam Village or accommodate in Tamil Nadu Slum Clearance Board Tiruvallur or Chennai based on the petitioner's representation dated 04.07.2024.

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For Petitioner : Mr.Dr.A.E.Chelliah Senior Counsel

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For Respondents : Mr.P.Sathish Additional Government Pleader for R1 to R4

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O R D E R

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The petitioner herein seeks a direction to the respondents to consider their representation seeking assignment of land in Survey Nos.850/3, 843 and 313/1 situated at Pakkam Village, Tiruvallur Taluk.

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4/8

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https://www.mhc.tn.gov.in/judis

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W.P.No.19717 of 2024

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It is the case of the petitioner that they are living in Pakkam Village and their thatched house was damaged by Vardah cyclone. Therefore, the petitioner submitted a representation before the respondent on 04.07.2024 seeking assignment of residential house sites to the petitioner in any of the survey Nos.850/3, 843 and 313/1. The said representation has not been considered. Hence, the petitioner has come before this Court.

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The learned Additional Government Pleader appearing for the respondents by taking this Court to the counter filed by the respondent submits that S.No.850/3 is not at all available in the above mentioned village. It is further stated in the counter affidavit that S.Nos.843 and 313 are classified as Punjai Tharisu Poromboke and the said lands are required by Government for future use. Therefore, it is submitted by the learned Additional Government Pleader appearing for the respondents that request of the petitioner for allotment of housing site in survey number specified in the representation cannot be positively considered.

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5/8

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https://www.mhc.tn.gov.in/judis

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W.P.No.19717 of 2024

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Even assuming the assignment of housing site to the petitioner

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in respect of the survey numbers mentioned by them are not possible, it is open to the respondents to consider the request of the petitioner for assignment of housing site in respect of the other un-objectionable poromboke land available with the Government, subject to the eligibility of the petitioner.

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In these circumstances, without going into the merits of the claim made by the petitioner, this Court is inclined to direct the first respondent to consider the representation of the petitioner dated 04.07.2024

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and pass final orders on its own merits, within a period of twelve weeks from

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the date of receipt of a copy of this order.

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6. Accordingly, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

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26.09.2024

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Index : Yes / No Speaking order : Yes / No Neutral Citation : Yes / No ub

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6/8

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https://www.mhc.tn.gov.in/judis

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W.P.No.19717 of 2024

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1.The District Collector, The District Collector Office, Thiruvallur District, Thiruvallur.

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2.The District Revenue Officer, Thiruvallur District, Thiruvallur.

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3.The Revenue Divisional Officer, Thiruvallur District, Thiruvallur.

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4.The Tahsildar, Thiruvallur Taluk Office, Thiruvallur, Thiruvallur District.

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S.SOUNTHAR, J.

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7/8

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https://www.mhc.tn.gov.in/judis

W.P.No.19717 of 2024

W.P.No.19717 of 2024

26.09.2024

8/8

https://www.mhc.tn.gov.in/judis

B.Chakkaravarthy v. the District Collector

Case brief

What is this about?

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B.Chakkaravarthy v. the District Collector

Case brief

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