LAWS(MAD)-2013-12-139

VALARMATHI Vs. DISTRICT COLLECTOR

Decided On December 17, 2013
VALARMATHI Appellant
V/S
DISTRICT COLLECTOR Respondents

JUDGEMENT

(1.) With consent, the writ petition itself is taken up for disposal at the admission stage.

(2.) The case of the petitioners is that they belong to Schedule Caste Community and are daily wage workers and they do not own any house. The grievance of the petitioners is that they were granted free house -site pattas by the second respondent vide his proceedings dated 2.6.2006, but, later, their free house site pattas were cancelled by the impugned proceedings without assigning any reason, based on a letter issued by the first respondent dated 18.7.2007. According to the petitioner, the impugned proceedings is liable to be set aside as the second respondent has no authority to pass the same and as per the Revenue Standing Orders, only the Revenue Divisional Officer has got jurisdiction to pass the same and it has been passed in violation of principles of natural justice, without giving any notice to the petitioners or holding any enquiry and also without assigning any reason and the impugned proceedings is made without application of mind. Hence, the present writ petition.

(3.) Learned counsel for the petitioners submits that the issue in this writ petition has already been settled by this court in W.P.No.3259 of 2008 filed by one of persons aggrieved by the very same impugned order viz., D.Anandharani, who stood enlisted at Serial No.17 in the impugned order, by allowing the writ petition and quashing the impugned order by order dated 26.11.2010 and the present petitioners are enlisted in the very same impugned order in Serial Nos.9, 16, 2, 8, 1 and 15 respectively and hence, the present writ petition also has to be allowed.