1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.04.2011 CORAM: THE HONOURABLE Ms.JUSTICE K.SUGUNA and THE HONOURABLE MR.JUSTICE A.ARUMUGHASWAMY Writ Petition (MD)No.2534 of 2011 G.Perumal : Petitioner Vs. 1.The District Collector, Madurai District, Madurai. 2.The District Welfare Officer, Backward and Minority Community, Collectorate, Madurai. 3.The Revenue Divisional Officer, Madurai District, Madurai. 4.The Tahsildar, Usilampatti Taluk, Madurai District. : Respondents Writ Petition under Article 226 of the Constitution of India praying for issuance of a Writ of mandamus directing the 1st respondent to consider and pass orders on the petitioner's representation, dated 01.11.2010, to cancel the free house site pattas issued to unqualified persons in S.No.32/2A, and 32/2B of Sikkampatti Village, Usilampatti Taluk, Madurai District and directing the 2nd respondent to issue free house site pattas to the petitioner's community poor people at Usilampatti Taluk. For Petitioner : Mr.V.Kannan For Respondents : Mr.R.Janakiramulu, Spl.Govt.Pleader. O R D E R (Order of the Court was made by K.SUGUNA,J) This writ petition is filed by one Mr.Perumal, by way of public interest litigation, with a prayer to consider his representation, dated 01.11.2010, to cancel the free house-site pattas issued to the unqualified persons with reference to Survey Nos.32/2A and 32/2B of Sikkampatti Village, Uslampatti Taluk, Madurai District, and further directing the 2nd respondent to issue free house-site pattas to the petitioner's community poor people. 2.Heard the learned counsel for the petitioner. We are not inclined to entertain this writ petition for the reason that first of all neither in the affidavit filed in support of the writ petition nor in the representation, dated 01.11.2010, any particulars of the individuals who, according to the petitioner, are unqualified persons, is given. It is the case of the learned counsel for the petitioner that in the year 1987 the petitioner and others, belonging to his community, were given pattas, https://hcservices.ecourts.gov.in/hcservices/ 2 however, subsequently they were cancelled and pattas have been given in favour of other individuals who are not qualified. If this is the stand of the learned counsel for the petitioner, either they should have challenged the order of cancellation of pattas or the proceedings by which pattas were given in favour of others. Without challenging these two proceedings, a mandamus has been sought for in this petition. 3.Apart from this, this petition has been filed by way of public interest litigation. According to the learned counsel for the petitioner, since the petitioner is one of the beneficiaries, he has filed this writ petition in public interest. This cannot be a ground for filing a public interest litigation. When the petitioner is having personal interest, this cannot be treated as a public interest litigation. Apart from this, it is found that without giving any particulars, the respondents cannot be directed to consider the representation of the petitioner and to pass orders on the same. 4.Apart from this, the petitioner does not have any locus standi to ask for the second portion of the prayer, namely for issuing a direction to the 2nd respondent to issue free house-site pattas in favour of the petitioner community poor people. Neither any authorisation nor any resolution passed by the association of the said community has been brought to the notice of the court. In such circumstances, we are not inclined to entertain this writ petition. 5.Yet another stand taken by the learned counsel for the petitioner is that though the pattas granted to the petitioner and others were cancelled, he is not having a copy of the said order. This creates a doubt with regard to the stand of the learned counsel for the petitioner that patta was granted in favour of the petitioner. 6.For all these reasons, we are of the opinion that this writ petition cannot be entertained. Hence, the writ petition is dismissed. No order as to costs. Sd/- Assistant Registrar (P&A) /True copy/ Sub Assistant Registrar To: 1.The District Collector, Madurai District, Madurai. 2.The District Welfare Officer, Backward and Minority Community, Collectorate, Madurai. 3.The Revenue Divisional Officer, Madurai District, Madurai. 4.The Tahsildar, Usilampatti Taluk, Madurai District. +1CC TO M/S.V.KANNAN, ADVOCATE SR.13579 gb SR : 09.06.2011 : 2p/6c ORDER IN WP(MD)No.2534/2011 Dated:11.04.2011 https://hcservices.ecourts.gov.in/hcservices/