Aathivalavan .a Vs the District Collector

PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 and 2 to pass orders for the allotment of housing patta lands in Survey Nos.43/1 and 43/3A for the Adi-Dravidar families residing at Harijana Colony, Puliangulam Village, South Taluk, Madurai District, based on the recommendation of the 3^rd respondent in Na.Ka.No. /2018/Aathi7, dated 30.07.2018 and consequently direct the respondents not to implement any scheme in Survey No.43/3A and pass orders within a time bound as fixed by this Court

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For Petitioner : Mr.G.Sailendra Babu For Respondents : Mrs.K.Malathi, Addl. Govt. Pleader

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O R D E R

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This Writ Petition has been filed seeking a direction to the respondents 1 and 2 to pass orders for allotment of house site patta to the petitioner and other eligible persons in Survey Nos.43/1 and 43/3A, based on the recommendation of the third respondent in his proceeding in Na.Ka.No. /2018/Aathi7, dated 30.07.2018 and consequently, direct the respondents not to implement any scheme for construction of

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building in S.No.43/3A.

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2. Heard the arguments of Mr. G.Sailendra Babu , learned counsel

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for the petitioner and Mrs.K.Malathi, learned Additional Government Pleader appearing for the respondents.

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3 . It is the specific case of the petitioner that the third respondent herein in his proceeding referred above recommended that S.Nos.43/3A and 43/1 in Puliangulam Village could be utilised for providing free house sites to the person belonging to Schedule Caste and Schedule Tribe living in that village. However, now the official respondents are attempting to utilise the lands situate in the said survey number for construction of some other buildings.

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4 . In the counter affidavit filed by the first respondent, it is stated that in S.No.43/1 already building was constructed for Veterinary Hospital and the same was also put into use. The decision of the construction of Veterinary Hospital was taken as early as on 03.07.2017. It is further stated that as far as S.No.43/3A is concerned, the first respondent has already given administrative sanction for construction of building for Federation of Self-help Group. The administrative sanction

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said to have been given as early as on 24.09.2019. It is further stated that S.No.43/3A was originally registered in the name of Ramanathapuram District Board President in the revenue documents. The District Collector, Ramanathapuram had given his No Objection on 22.12.2012 itself for using the lands for construction of Government buildings. Therefore, the first respondent opposed the prayer of the petitioner and sought for dismissal of the Writ Petition.

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5 . The petitioner is entitled to seek assignment of free house site patta subject to his eligibility. However, it is not open to him to insist that the land situate in particular survey number shall be assigned to him as free house site. Therefore, without expressing any opinion on the merits of the matter, this Court is inclined to direct the first respondent to consider the representation submitted by the petitioner dated 19.01.2022, seeking free house sites to the petitioner and other eligible persons, as per the rules. However, it is made clear that as a matter of right the petitioner cannot claim that free house site shall be given to the eligible persons only in particular survey number. After considering the representation of the petitioner dated 19.01.2022, final orders shall be passed by the first respondent within a period of twelve (12) weeks from

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the date of receipt of a copy of this order.

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6 . With the above direction, this Writ Petition stands disposed of.

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There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.