LAKSHMANAN Vs. COLLECTOR OF DHARMAPURI KRISHNAGIRI

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioner thereby praying to issue a writ of mandamus to direct the respondents to forbear from interfering with the possession and enjoyment of the property situate in S.Nos.75/4 and 77/2, Londonpettai, Krishnagiri Taluk, Dharmapuri District, except in accordance with law and to pass such further or other orders.

(2.) IN the affidavit filed in support of the writ petition, the petitioner would contend that he was allotted a house site measuring 3 cents in S.No.60/2 by the Special Tahsildar. A.D.W. Krishnagiri, on 7.12.1967 and he got inducted into possession of the same on 2.3.1977, after construction of the house in the said site; that he is residing there with all his family members; that on 23.8.1991, the second respondent issued him a show cause notice, calling for explanations as to why the allotment made in his favour should not be cancelled on two grounds viz., (a) that the petitioner let out a portion of the premises to one Venkatesan and (b) that the petitioner permitted his daughter to stay in another portion of the house.

(3.) ON a bare assessment of the facts and circumstances of the case and the question involved regarding the disposal of the above writ petition, the petitioner had been assigned with 3 cents of land falling under S.No.60/2, Londonpettai, Krishnagiri on 7.12.1967 and he was inducted into possession of the house by the Tamil Nadu Harijan Housing and Development Corporation Limited, Vellore, that on two grounds, viz., (i) letting out a portion of the premises in favour of one Venkatesan and (ii) permitting his daughter to stay in another portion of the premises, the third respondents initiated measures against the assignment made in favour of the petitioner ultimately resulting in cancellation of the assignment order dated 18.11.1981.