Disposed
Palpandi .D v. the District Collector
Madras HCWP(MD)/2745/2022
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from the order text
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BENCH OF MADRAS HIGH COURT DATED :…
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 05.06.2025
CORAM:
THE HONOURABLE MR JUSTICE S.SOUNTHAR
W.P(MD)No.2745 of 2022
D.Palpandi ... Petitioner
.Vs.
2.The Tahsildar, Usilampatti Taluk, Madurai District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to iissue a Writ of Mandamus directing the respondents 1 and 2 to assign the land to the Petitioner and issue patta for the same.
For Petitioner : Mr.K.Surendran For Respondents : Mr.M.Gangadharan 1 and 2 Govt. Advocate
O R D E R
The Writ Petition is filed seeking a direction to the
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respondents 1 and 2 to assign the land situated in S.No.113/5 with an extent of 26.5 ares in Kalluthu Village, Usilampatti Taluk, Madurai District.
2.Heard the learned counsel appearing on either side and perused the materials placed before this Court.
3.According to the Petitioner, he joined in Indian Army as a Sepoy and later retired from service as Naik on 28.09.2021 after meritorious service. After retirement, he filed an application before the first respondent on 15.11.2019 seeking assignment of the abovementioned land under the service personnel quota. The said representation has not been considered favourably. Therefore the Petitioner has filed the present Writ Petition for the relief stated supra.
4.The learned Government Advocate who appeared for the respondents 1 and 2 raised an objection that the Petitioner is not entitled to claim that the land in particular survey number shall be assigned to him.
5.The Petitioner in his capacity as Ex-service Personnel is entitled to assignment of land subject to the satisfaction of the
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eligibility criteria.However, it is not open to him to claim that a particular piece of land to be assigned to him. If some other lands capable of being assigned is available in the said village, the respondents can consider assignment of said land, subject to eligibility.
6.In these circumstances, the respondents are directed to consider the request of the Petitioner for assignment of the land by taking into consideration his meritorious service in the Indian Army and pass final orders within a period of eight weeks from the date of receipt of a copy of this order.
7.With the above direction, the Writ Petition stands disposed of. No costs.
05.06.2025
NCS : Yes/No Index : Yes / No Internet : Yes / No vsn
To
1.The District Collector, Madurai.
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2.The Tahsildar, Usilampatti Taluk, Madurai District.
S.SOUNTHAR.,J.
vsn
ORDER MADE IN W.P(MD)No.2745 of 2022
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05.06.2025
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1 issue framed by the court
Whether the ex-serviceman petitioner is entitled to assignment of land and patta under the service personnel quota, and if so whether he can insist on a particular survey number.
1 provisions across 1 enactments
D.Palpandi
The District Collector, Madurai
The Tahsildar, Usilampatti Taluk, Madurai District
S.Sounthar
As recorded by the court registry
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