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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
M.M. SUNDRESH, S. ANANTHI, JJ.
R. Jeyalakshmi & Others – Appellant
Versus
The Secretary to Government, Revenue & Disaster Management Department, Chennai & Others – Respondent
W.P. (MD) Nos. 18208 of 2019, 10244, 10810, 9547 & 8982 of 2020 & W.M.P. (MD) Nos. 14645, 14648 of 2019, 3685, 8210, 9133, 9138, 9141, 9518, 9519, 13335 & 15980 of 2020
Decided On : 18-03-2021
Constitution of India, 1950 – Article 226 – Writ of Certiorarified Mandamus – Allotment of house sites – Assignment of lands – Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Certiorarified Mandamus calling for the records relating to the impugned order of the 1st respondent in G.O.Ms. and quash the same and consequently, directing the 1st respondent to issue guidelines for allotment of house sites to the media persons and also to consider the request of the petitioner for the assignment of lands for the press persons
Finding of court: Petitioners would not have approached this Court, had their name been considered. – It appears for one reason or other, the petitioners' names were not considered. – Until and unless court find legal malice, we cannot interfere with such matters. – Court is on the policy of the Government to make the allotment for a particular category of persons, namely, the Reports and Journalists. Such a classification, in fact, has not been challenged, but it is questioned only on the ground of lack of transparency. – Court is not inclined to entertain the same. – As stated supra, the petitioners would not have approached this Court, had their name been included in the list of beneficiaries. – In the writ petition filed by one of the associations, no challenge has been made to the Government Orders. – It merely states that re-allotment will have to be made based upon the seniority list available and on verification of ID cards and Bus Pass records. – Court do not find any merit in the contention raised in the said writ petition also. – Court give liberty to the petitioners to bring it to the notice of the official respondents about the persons, who were given the assignments, but not qualified otherwise. – This will apply to those cases, where allotments are made in the names of dead persons. – Court is of the considered view that the aforesaid exercise cannot be undertaken by us in this proceedings, in the absence of any concrete material available. – Therefore, it is for the petitioners to bring it to the notice of the official respondents about the irregular allotments having been made. – Petitioners can also approach the respondents seeking allotment in the available place. – If unsold plots are available, as stated by the learned Counsel for the petitioners and if some of the allotments are cancelled, then the official respondents are expected to consider not only the case of the petitioners but also all other eligible persons. – But, before making any fresh allotments, in the cases on hand and also in future, a complete assessment will have to be made by asking the applicants to give the particulars of the properties and getting them verified from the competent authorities. – This would avoid any unnecessary litigation in future.
Result: Writ Petitions Disposed of
JUDGMENT :
M.M. SUNDRESH, J.
(Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Certiorarified Mandamus calling for the records relating to the impugned order of the 1st respondent in G.O.Ms.No.76, dated 28.02.2019 and G.O.Ms.No.77, dated 28.02.2019 and quash the same and consequently, directing the 1st respondent to issue guidelines for allotment of house sites to the media persons and also to consider the request of the petitioner for the assignment of lands for the press persons.
Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Certiorarified Mandamus calling for the records relating to the impugned order of the 1st respondent in G.O.Ms.No.329, dated 02.07.2020 and quash the same and consequently, directing the respondents 1 to 4 to issue guidelines for allotment of house sites to the media persons and also to consider the request of the petitioner for the assignment of free or consensual house sites at Tallakulam Village in S.No.134/4.
Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Certiorarified Mandamus calling for the records relating to the impugned order of the 2nd respondent in Na.Ka.No.19545/2019/J4, dated 03.08.2020 and quash the same and consequently, directing the 2nd respondent to allot the housing sites to the eligible and qualified reports as per the seniority and Bus Pass list of the year 2019 maintained by the District Collector and also issue Id card for all the Bus Pass Holders by considering the petitioner's representation dated 24.08.2020.
Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus directing the first respondent to allot one house site to the petitioner at S.No.134/4 at Tallakulam Village, Madurai North Taluk, Madurai District, pursuant to G.O.Ms.No.369, Revenue and Disaster Management Department, Land Disposal Wing [LD1(2)] Department, dated 02.07.2020, by considering the petitioner's representation dated 08.08.2020.
Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus directing the first respondent to confirm the allotment made to the petitioner with regard to one house site at S.No.134/4 at Tallakulam Village, Madurai North Taluk, Madurai District in the light of the order passed by the 1st respondent in G.O.Ms.No.369, Revenue Nee. Mu.1(2) Department, dated 24.06.2008, by considering the petitioner's representation dated 23.07.2020.)
1. Writ Petition in W.P.(MD)No.18208 of 2019 has been filed by the petitioner, who is also a member of the Press Club of Madurai, having made an application on 27.08.2010, seeking to quash the two Government Orders passed excluding her name, on the premise that they lack transparency.
2. Writ Petition in W.P.(MD)No.10244 of 2020 has been filed by the petitioner, whose name was though included in the proposal for grant of house site in the Government Order, but was not considered for want of application.
3. Writ Petition in W.P.(MD)No.10810 of 2020 has been filed by the Tamil Nadu Union of Journalists seeking to challenge the consequential order dated 03.08.2020, by which the allottees were identified, on the premise that the seniority will have to be followed, after verifying with the list available with the District Collector, the Identity Card and the Bus Pass records.
4. Writ Petition in W.P.(MD)No.9547 of 2020 has been filed by the petitioner seeking allotment on the ground that there are irregular allotments and therefore, his case has to be considered.
5. Writ Petition in W.P.(MD)No.8982 of 2020 has been filed by the petitioner, who was found eligible and thereafter, not considered because of the fact that he became Assistant Public Prosecutor and in this case, a clarification is pending with the second respondent, as sought for by the third respondent dated 12.11.2020.
6. As all these writ petitions deal with the very same subject matter, they are accordingly taken up and
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