Disposed

M.Krishnan v. the District Collector

Madras HC6 Aug 2024WP(MD)/7904/2011

Case brief

AI extract

What is this about?

This writ petition challenged allotment orders of houses passed over 13 years ago. The Court held that interference was not possible at such a distant point in time given the allottees' possession. The writ was disposed of with a direction for future compliance.

What did the court decide?

Direction to authorities to ensure guidelines are followed strictly in future. Connected miscellaneous petitions closed.

M.Krishnan Vs the District Collector — Service and Employment | Madras HC (2024)

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W.P.(MD)No.7904 of 2011

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 06.08.2024

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CORAM:

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THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

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W.P.(MD)No.7904 of 2011 and

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M.P.(MD)Nos.1 and 2 of 2011

M.Krishnan

... Petitioner

-vs-

1.The District Collector, Virudhunagar District, Virudhunagar.

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2.The Project Officer, District Rural Development Agency, Virudhunagar District, Virudhunagar.

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3.The Tahsildar,

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Sivakasi Taluk, Sivakasi, Virudhunagar District.

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4.The Block Development Officer, Vembakkottai Panchayat Union, Sivakasi Taluk, Virudhunagar District.

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5.Ayyanar

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6.Vettriselvam

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7.Rajkumar

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_____________ Page 1 of 6_

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

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W.P.(MD)No.7904 of 2011

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8.M.Subbulakshmi

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9.Veeranamuthu

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10.Samuthiran

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11.Periyandavar

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12.Annalakshmi

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13.Murugamani

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14.Vallikkannu

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15.Ramesh

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16.Muthuraj

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17.Paramasivam

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18.Chandrasekar

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19.Vijayalakshmi

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20.Ramar

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21.Velusamy

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22.Santha

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23.Abraham

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24.Mariappan

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25.Kumararaja

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26.Paranthaman

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27.Vellammal

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28.Perumal

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_____________ Page 2 of 6_

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

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W.P.(MD)No.7904 of 2011

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29.Srinivasan

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30.Kaliraj ... Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned allotment order dated nil passed by the respondents 2 to 4 herein allotting house in Periyar Memorial Samathuvapuram in Keezhanmaraimnadu Panchayat, Vembakkotai Union, Sivakasi Taluk, Virudhunagar District, in respect of respondents 5 to 30 herein, quash the same and consequently, direct the respondents herein to allot houses as per Clause No.7 of G.O.Ms.No.59, Rural Development and Panchayat Raj Department, dated 14.07.2009, in Periyar Memorial Samathuvapuram in Keezhamarainadu Panchayat, Vembakkotai Union, Sivakasi Taluk, Virudhunagar District.

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For Petitioner : Mr.K.Hemakarthikeyan

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For R1 to R4 : Mr.P.Thilak Kumar Government Pleader

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For R5 to R8, R10 to R12, R14 to R17 & R19 to R30 : No Appearance

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O R D E R

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[Order of the Court was made by R.SUBRAMANIAN, J.]

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Prayer in this Writ Petition reads as follows:-

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'' To issue a Writ of Certiorarified Mandamus,

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Page 3 of 6

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

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W.P.(MD)No.7904 of 2011

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calling for the records pertaining to the impugned allotment order dated nil passed by the respondents 2 to 4 herein allotting house in Periyar Memorial Samathuvapuram in Keezhanmaraimnadu Panchayat, Vembakkotai Union, Sivakasi Taluk, Virudhunagar District, in respect of respondents 5 to 30 herein, quash the same and consequently, direct the respondents herein to allot houses as per Clause No.7 of G.O.Ms.No.59, Rural Development and Panchayat Raj Department, dated 14.07.2009, in Periyar Memorial Samathuvapuram in Keezhamarainadu Panchayat, Vembakkotai Union, Sivakasi Taluk, Virudhunagar District. ''

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2 . The allotments in question were made as early as on 28.02.2011 and now, almost 13 years have lapsed.

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3 . According to the learned Government Pleader, the allottees have been put in possession of the respective houses allotted to them and they are in possession of the same.

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4 . At this distant point of time, we do not think that we can interfere with the orders of allotment. Hence, this Writ Petition is disposed of with a direction to the authorities to ensure that the guidelines are followed

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Page 4 of 6

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

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W.P.(MD)No.7904 of 2011

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strictly in future. No costs. Consequently, connected Miscellaneous Petitions are closed.

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NCC : No [R.S.M., J.] [L.V.G., J.] Index : No 06.08.2024 Internet : Yes

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