Writ petition sought direction to consider representation for free house site patta to homeless poor under a panchayat resolution. Court held judicial review cannot direct grant of free pattas; petition dismissed, with observation that claim be considered per R.S.O. 21 scheme procedures along with other eligible applicants in seniority order.
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W.P(MD)No.15350 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 05.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE
W.P(MD)No.15350 of 2025 and
W.M.P.(MD) No.11597 of 2025
C.Ganesan
... Petitioner
Vs.
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st respondent to consider the petitioner's representation dated 21.04.2025 sent with regard to the issuance of the “free house site patta for homeless
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poor” for the lands comprised in Survey Nos.158 and 159/1, Kulathur Village, Pudukkottai District as expeditiously as possible and in the light of the Resolution No.1016, dated 29.04.2022 passed in Kulathur Panchayat, within the time stipulation as may be fixed by this Court.
For Petitioner : Mr.R.Anand For Respondent : Mr.P.Thilak Kumar Government Pleader
O R D E R
[Order of the Court was made by S.M.SUBRAMANIAM, J.]
The writ on hand has been instituted seeking direction to the first respondent to dispose of the petitioner's representation dated 21.04.2025.
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under the scheme. However, High Court in exercise of the powers of judicial review cannot issue a direction to the authorities to grant free house site patta. In the event of issuing any such direction by the High Court, it will result in opening a pandora's box and every such person will attempt to secure free house site patta by filing writ petitions. Thus, the relief as such sought for cannot be entertained and the writ petition is liable to be dismissed. However, the case of the petitioner may be considered along with all other eligible persons who have already applied in the order of seniority and by following the procedures as contemplated under R.S.O. 21 and under the terms and conditions of the scheme.
no order as to costs. Consequently, connected miscellaneous petition is closed.
Index:Yes/No Internet:Yes/No NCC:Yes/No
abr
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S.M.SUBRAMANIAM, J. and DR.A.D.MARIA CLETE, J.
abr
To
W.P(MD)No.15350 of 2025
05.06.2025
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1 issue framed by the court
Whether the court can direct authorities to consider a representation seeking free house site patta for landless poor persons.
1 provisions across 1 enactments
C.Ganesan
The District Collector, Pudukkottai District
The District Adi Dravidar and Tribal Welfare Officer, Pudukkottai District
The Special Tahsildar, Adi Dravidar Welfare Department, Pudukkottai
The Tahsildar, Kulathur Taluk, Pudukkottai District
S.M. Subramaniam
A.D. Maria Clete
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
