IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 02.03.2017 CORAM THE HON'BLE MR.HULUVADI G.RAMESH, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE R.MAHADEVAN W.P.Nos.4025, 4026 & 4035 of 2017 and W.M.P.Nos.4122, 4123 & 4135 of 2017 Kasiyammal .. Petitioner in W.P.No.4025/2017 Geetha .. Petitioner in W.P.No.4026/2017 Chinnammal .. Petitioner in W.P.No.4035/2017 Vs.
1. The District Collector, Thiruvannamalai, Thiruvannamalai District.
2. The Revenue Divisional Officer, Tiruvannamalai.
3. The Divisional Engineer, Tamilnadu Highways Department, (Operation and Maintenance) Tiruvannamalai, Tiruvannamalai District. .. Respondents in all WPs PRAYER: W.P.No.4025 of 2017 filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to consider the representation dated 10.01.2017 and allot the alternative site for the petitioner for housing purpose before eviction from the house situated at No.5/79, Nathakollai Street, Mangalam Village and Post, Tiruvannamalai Taluk and District.
PRAYER: W.P.No.4026 of 2017 filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to consider the representation dated 10.01.2017 and allot the alternative site for the petitioner for housing purpose before eviction from the house situated at No.478, Main Road, Mangalam Village and Post, Tiruvannamalai Taluk and District.
PRAYER: W.P.No.4035 of 2017 filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to consider the representation dated 10.01.2017 and allot the alternative site for the petitioner for housing purpose before eviction from the house situated at No.455, Main Road, Mangalam Village and Post, Tiruvannamalai Taluk and District.
For Petitioners Mr.G.Rajan For Respondents Mr.M.K.Subramanian Government Pleader for R1 to R3 COMMON ORDER (Order of the Court was made by the Acting Chief Justice) Heard Mr.G.Rajan, learned counsel appearing for the petitioners and Mr.M.K.Subramanian, learned Government Pleader appearing for the respondents.
2. The petitioners have filed these writ petitions seeking issuance of writ of mandamus directing the respondents to consider the representation of the petitioners dated 10.1.2017 and to allot alternative sites for them for housing purpose before evicting them from the present place.
3. It is the case of the petitioners that they have occupied small portion of the Government land and put up houses and residing there for about 40 years. The petitioners were given Family Card, Voter Indentity Card and Aadhar card in their favour. They have also applied for pattas. While things stood thus, the third respondent issued show cause notices to the petitioners to vacate the land and failing to do so, they would demolish the houses. The petitioners have also submitted their objection by way of representations on 10.1.2017 seeking to provide alternative sites and to suspend the eviction till alternative sites provided. Hence, the present petitions are filed.
4. Considering the narrow scope of the prayer made in these writ petitions, we direct the first respondent to dispose of the representations of the petitioners dated 10.1.2017 on merits and in accordance with law within a period of three months from the date of receipt of a copy of this order.
5. The writ petitions are disposed of accordingly. No costs.
Consequently, W.M.P.Nos.4122, 4123 & 4135 of 2017 are closed.
Index : Yes/No Internet : Yes bbr To:
1. The District Collector, Thiruvannamalai, Thiruvannamalai District.
2. The Revenue Divisional Officer, Tiruvannamalai.
3. The Divisional Engineer, Tamilnadu Highways Department, (Operation and Maintenance) Tiruvannamalai, Tiruvannamalai District.
(H.G.R., ACJ.) (R.M.D., J.) 02.03.2017 HULUVADI G.RAMESH,ACJ.
AND R.MAHADEVAN,J.
bbr W.P.Nos.4025, 4026 & 4035 of 2017 http://www.judis.nic.in 02.03.2017