WA No. 311 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 04-03-2025 CORAM THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR WA No. 311 of 2024 and C.M.P.No.1919 of 2024 1. Senbagavalli, W/o.Ravi Kuppuchipalayam, Punjai Edayar Melmugam . 2.K.Suseela, W/o.Kaliyaperumal, No.103, Ottar Street, Velur. 3. Seerangaayee, W/o.Sivasamy, Palaniappa Oil Mill Theru, Paramathi. 4. Sampooranam, W/o.Raju, Kanda Nagar, Velur. 5. Suthamani, W/o.Krishnamoorthi, Mudaliyaar Theru, Anangur. 1 of 15 https://www.mhc.tn.gov.in/judis WA No. 311 of 2024 6. Lakshmi, W/o.Thangarasu, Anangur, Kumarapalayam, Taluk. 7. Perymayee, W/o.Late. Kaliappan, No.74, Ponni Nagar, Velur. 8. Parvathy, W/o.Loganathan, Kuppuchipalayam, Punjai Edayar Melmugam. 9. Poongodi, W/o.Mayavan, Kuppuchipalayam, Punjai Edayar Melmugam. 10. Paruvatham, W/o.Dharmalingam, Kanda Nagar, Velur. 11. Amutha, W/o.Selvaraj, Therkku Nalliyampalayam, Velur. 12. Kanthimathi, W/o.Mohan, No.64, Palkarar Veedu, Kuppuchipalayam, Punjai Edaiyar Melmugam. 13. Jayalakshmi, W/o.Periyasamy, Bye-pass Road, Velur, 14. Vijaya, W/o.Ganesamurthy, Vadakku Theru, Velur. 2 of 15 https://www.mhc.tn.gov.in/judis WA No. 311 of 2024 15. Sornam, W/o.Murugesan, No.23, Ponni Nagar, Velur. Appellant(s) Vs 1. The State, Rep by the Secretary to Government, Backward Classes and Most Backward Classes, Welfare Department, Secretariat, Chennai - 9. 2.The Commissioner, The Directorate of Most Backward Classes Welfare, Ezhilagam, Chepauk, Chennai - 5. 3.The District Collector, Namakkal District, Namakkal. 4.The District Revenue Officer Namakkal District, Namakkal. 5.The Revenue Divisional Officer, Tiruchengode, Namakkal District. 6.The District Backward Class Officer Namakkal District, Namakkal 7.The Special Tahsildar Adi Dravidar Welfare Officer, Namakkal. 8.S.Sumathi W/O.P.Sekar, NO.39-2, Raja Nagar, 3 of 15 https://www.mhc.tn.gov.in/judis WA No. 311 of 2024 Kuppuchipalayam, Punjai Edayar Melmugam, Velur. 9.Pappathi, W/o.Kuppusamy, No.11A, Ottar Street, Velur. 10.Jothimani, W/o.Sakthivel, No.99B, Ponni Nagar, Velur. 11.Theivaanai, W/o.Viswananathan, Kuppuchipalayam, Koundampalayam, 12.Rathinam, W/o.Loganathan, Kuppuchipalayam, Punjai Edayar Melmugam. 13.Santhi, W/o.Shanmugam, Karuppana Colony, Velur. 14.Amutha, W/o.Late. Anbazhagan, Ponni Nagar, Velur. Respondent(s) PRAYER Writ appeal filed under Clause 15 of the Letters Patent Act, to set aside the order passed in W.P.No.3236 of 2019 dated 13.04.2022 and allow the appeal. For Appellant(s): N. Hariharannair 4 of 15 https://www.mhc.tn.gov.in/judis WA No. 311 of 2024 For Respondent(s): Mr.A.Selvendran Special Government Pleader for R1 to R7 Mr.P.Praveenkumar for R8 to R14 ORDER (Order of the Court was made by S.M.Subramaniam J.) Under assail is the order dated 13.04.2022 passed in W.P.No.3236 of 2019. 2. In the year 1984, the Special Tahsildar, Adi Dravidar Welfare Officer, Namakkal acquired the land comprised in S.No.174/2A, Dry, measuring an extent 7.22 acres situated at Punjai Edayar Melmugam Village, Paramathi Velur Taluk, Namakkal District, under the provisions of the Land Acquisition Act, 1984 for the purpose of implementing Housing Scheme for the landless poor families belonging to Most Backward Classes. 3. Allotments were made in favour of the appellants / writ petitioners. The Authorities received complaints stating that ineligible persons were given 5 of 15 https://www.mhc.tn.gov.in/judis WA No. 311 of 2024 allotment under the Free Housing Scheme. It is further contended that the allottees own lands either in their name or in the name of their family members. Based on the complaint, a detailed enquiry was conducted by the District Revenue Officer, Namakkal. The proceedings dated 30.06.2016 passed by the District Revenue Officer, Namakkal reveals that the appellants or their family members own properties and the details provided in the order reads as under: 6 of 15 https://www.mhc.tn.gov.in/judis WA No. 311 of 2024 7 of 15 https://www.mhc.tn.gov.in/judis WA No. 311 of 2024 8 of 15 https://www.mhc.tn.gov.in/judis WA No. 311 of 2024 9 of 15 https://www.mhc.tn.gov.in/judis WA No. 311 of 2024 10 of 15 https://www.mhc.tn.gov.in/judis WA No. 311 of 2024 4. The allottees preferred an appeal before the District Collector. The District Collector also conducted an enquiry and found that there is no reason to interfere with the order passed by the District Revenue Officer and confirmed the same with reference to the factual finding recorded. 5. The appellants preferred writ petition challenging the order of the District Collector. 6. The writ Court considered the entire facts in detail and found that the family members of the allottees own properties including houses and some of the allottees have not constructed houses within the time line contemplated under the allotment order and some of the allottees are residing outside the limit contemplated under the Scheme and they become ineligible. Yet another case was identified that some of the allottees do not belong to Most Backward Class. 11 of 15 https://www.mhc.tn.gov.in/judis WA No. 311 of 2024 7. Assigning reasons for cancellation, the order has been passed both by the District Revenue Officer and by the District Collector in revision order. 8. The writ Court considered the facts as well as the eligibility criteria fixed for allotment of land under Free Housing Scheme. The factual finding made by the District Revenue Officer, District Collector in revision order as well as by the writ Court deserves no further interference from the hands of this Court. All the reports are concurring each other. Therefore, this Court is of the considered opinion that the appellants have not made out any acceptable ground for the purpose of considering the grounds raised in the present appeal. Accordingly, the Writ Appeal stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. (S.M.SUBRAMANIAM J.) (K.RAJASEKAR J.) 04-03-2025 veda Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No 12 of 15 https://www.mhc.tn.gov.in/judis WA No. 311 of 2024 To 1.The State Rep by The Secretary to Government, Backward Classes and Most Backward Classes, Welfare Department, Secretariat, Chennai - 9. 2.The Commissioner The Directorate of Most Backward Classes Welfare, Ezhilagam, Chepauk, Chennai - 5. 3.The District Collector Namakkal District, Namakkal. 4.The District Revenue Officer Namakkal District, Namakkal 5.The Revenue Divisional Officer Tiruchengode, Namakkal District. 6.The District Backward Class Officer Namakkal District, Namakkal. 7.The Special Tahsildar Adi Dravidar Welfare Officer, Namakkal. 8.S.Sumathi W/O.P.Sekar, NO.39-2, Raja Nagar, Kuppuchipalayam, Punjai Edayar Melmugam, Velur. 13 of 15 https://www.mhc.tn.gov.in/judis WA No. 311 of 2024 9.PAPPATHI W/o.Kuppusamy, No.11A, Ottar Street, Velur. 10.JOTHIMANI W/o.Sakthivel, No.99B, Ponni Nagar, Velur. 11.THEIVAANAI W/o.Viswananathan, Kuppuchipalayam, Koundampalayam, 12.RATHINAM W/o.Loganathan, Kuppuchipalayam, Punjai Edayar Melmugam 13.SANTHI W/o.Shanmugam, Karuppana Colony, Velur. 14.AMUTHA W/o.Late. Anbazhagan, Ponni Nagar, Velur. 14 of 15 https://www.mhc.tn.gov.in/judis WA No. 311 of 2024 S.M.SUBRAMANIAM J. AND K.RAJASEKAR J. veda WA No. 311 of 2024 04-03-2025 15 of 15 https://www.mhc.tn.gov.in/judis