P. Selvam v. State of Tamil Nadu, Rep. by the Secretary to Government
2013-09-24
K.RAVICHANDRA BAABU
body2013
DigiLaw.ai
Judgment 1. The prayer in the writ petition is to issue a direction to the respondents to allot a house to the petitioners in their own land in Survey No.54 at Idamanikuppam Village. 2. The case of the petitioners is that they are the owners of the land at Survey No.54 of the above said village. As per the free housing construction scheme formulated by the Government, they are entitled to get a house in their own property. However, a perusal of the counter affidavit would show that, in respect of the said Survey No.54, there is a dispute with regard to the title of the same, as one D. Nithyanandam and his brother have claimed title to the said property through a settlement deed bearing document No.3107/1992 and therefore, they have also objected to allot group houses in the said Survey No.54. 3. Since the said D. Nithyanandam raised a dispute with regard to the property in question, who is also not made as a party, it is for the petitioner to work out his remedy in respect of the title to the said property before the competent Civil Court by filing appropriate civil suit. Without doing so, the petitioner cannot claim a relief as sought for in the present writ petition. In any event, a mere reading of the counter affidavit would show that the petitioners were already given allotment of houses at Survey No.119 and it is also stated by the respondent that, in pursuant to a General Body Meeting held on 27.03.2002, 15 persons including the second petitioner agreed to get their houses constructed at Survey No.119. It is also further stated in the counter that the first petitioner was also allotted a house in a separate group housing scheme. 4. Considering the above said facts and circumstances of the case, I am of the view that nothing survives in the present writ petition for further adjudication, except by giving a liberty to the petitioner to work out his remedy in respect of Survey No.54 before the appropriate forum in a manner known to law. 5. At this juncture, learned counsel for the petitioner submitted that even at Survey No.119, houses have not been constructed for the petitioners, even though the allotment was made as early as 27.10.2004.
5. At this juncture, learned counsel for the petitioner submitted that even at Survey No.119, houses have not been constructed for the petitioners, even though the allotment was made as early as 27.10.2004. If the construction is not completed so far, the respondents are directed to complete the construction within a period of six months from the date of receipt of a copy of this order. In fine, the writ petition stands dismissed. No Costs.