Subramanian M Vs The District Collector

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1^st respondent to allot the Land / Flats/ Plots / Houses to the petitioner as per Tamil Nadu Government G.O.Ms.No.328 dated 26.02.1986 and as per the Government of India Min of Shipping and Transport dated 07.07.1984 in F85(24)77-ESTT on basis of the petitioner's representation dated 14.10.2022 within a time stipulated by this Court.

¶15

1/5

¶16

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

¶17

W.P.(MD).No.14236 of 2023

¶18

For Petitioner : Mr.G.Mathavan For Respondents : Mr.A.Baskaran Additional Government Pleader

¶19

ORDER

¶20

The Writ Petition is filed seeking a direction to the first respondent to allot the Land / Flats/ Plots / Houses to the petitioner as per Tamil Nadu Government G.O.Ms.No.328 dated 26.02.1986 and as per the Government of India Min of Shipping and Transport dated 07.07.1984 in F85(24)77-ESTT on basis of the petitioner's representation dated 14.10.2022.

¶21

The petitioner seeks allotment of the agricultural land/house/plots/ flats, mainly on the ground that he is an ex-servicemen, for which, he submitted a representation on 14.10.2022. Since the same has not been considered, he has been constrained to file the present Writ Petition.

¶22

2/5

¶23

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

¶24

W.P.(MD).No.14236 of 2023

¶25

The learned Additional Government Pleader appearing for the respondents has filed a counter affidavit stating that the petitioner, who served as a member of General Reserve Engineering Force cannot be treated as an ex-serviceman, for the purpose of the allotment of agricultural land/house plots/flats.

¶26

The learned counsel appearing for the petitioner, by drawing the attention of this Court to the clarificatory note issued by the Government of India to all Chief Secretaries of the States and Union Territories, dated 07.07.1984, would submit that the members of the General Reserve Engineering Force can also be treated as members of the Armed Forces.

¶27

In view of the above, without expressing any opinion on the merits of the matter, this Court is inclined to direct the first respondent to consider the representation of the petitioner, dated 14.10.2022 and pass final orders on its own merits, in the light of the clarificatory note issued by Government of India, dated 07.07.1984 within a period of twelve (12) weeks from the date of receipt of copy of this order, after affording reasonable opportunity to the petitioner.

¶28

3/5

¶29

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

¶30

W.P.(MD).No.14236 of 2023

¶31