1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.02.2011 CORAM: THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN W.P.(MD)No.495 of 2011 and M.P(MD)Nos.1 to 3 of 2011 S.Alagappan : Petitioner Vs. 1.The District Collector, Dindigul District, Dindigul. 2.The District Revenue Officer, Dindigul District. 3.The Revenue Divisional Officer, Dindigul, Dindigul District. 4.The Tahsildar, Natham Taluk Office, Natham, Dindigul District. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records of the beneficiary list passed by the fourth respondent epy xg;gil e/f/M2///1444 07 ehs; 02.02.2007 quash the same and direct the first and fourth respondents to issue the patta in the name of the petitioner herein, who have been cultivating in the lands in S.No.327 at Pudur Village, Natham Taluk, Dindigul District. For Petitioner :Mr.G.Gomathi Sankar For Respondents :Mr.S.C.Herold Singh, Govt. Advocate O R D E R The petitioner challenges the proceedings, dated 02.02.2007, on the file of the fourth respondent whereby and whereunder the said authority prepared a list for issuing free assignment pattas to the local people. 2. The petitioner and other eighty villagers are engaged in cultivating the land in Survey No.327 in Pudur Village, Natham Taluk in the District of Dindigul since 1990. 3. The fourth respondent has prepared a list for issuing free assignment patta and in the said list, names of some ineligible persons were included. Therefore, the petitioner submitted a representation before the fourth respondent. However, the said representation was not considered. This made the petitioner to file the Writ petition. https://hcservices.ecourts.gov.in/hcservices/ 2 4. Though the petitioner challenges the list of beneficiaries prepared by the fourth respondent, there is nothing in the affidavit filed in support of the Writ petition to show the basis for his contention that names of some ineligible persons were included in the list. The petitioner cannot maintain the Writ petition for cancellation of a list, without providing information about the land owned by the beneficiaries so as to remove their names from the list of beneficiaries. The petitioner has already filed an application to implead the beneficiaries as parties to the Writ petition. Even though the beneficiaries are necessary parties to the Writ petition, I am of the view that they should not be dragged to this Court as the Writ petition itself does not contain any particulars so as to enable this Court to arrive at a prima facie conclusion that names of some ineligible persons were included in the list of beneficiaries. 5. Therefore, I am of the view that interest of justice would be sub- served in case liberty is granted to the petitioner to make a comprehensive representation before the fourth respondent. In case the petitioner is able to demonstrate before the fourth respondent that the list prepared by him contains names of some ineligible persons, appropriate action will have to be taken by the fourth respondent to remove their names, with notice to those persons and after affording an opportunity to them. 6. Accordingly, liberty is granted to the petitioner to make a representation before the fourth respondent and in the event of making any such representation, within a period of four weeks from the date of receipt of a copy of this order, the fourth respondent is directed to consider and dispose of the same, on merits with notice and after affording an opportunity to the concerned persons. Such exercise shall be completed within a period four months thereafter. 7. The Writ petition is disposed of with the above direction. No Costs. Consequently, connected miscellaneous petitions are closed. Sd/- Deputy Registrar /True copy/ Assistant Registrar To 1.The District Collector, Dindigul District, Dindigul. 2.The District Revenue Officer, Dindigul District. 3.The Revenue Divisional Officer, Dindigul, Dindigul District. 4.The Tahsildar, Natham Taluk Office, Natham, Dindigul District. +1cc to The special Government Pleader, SR.5220 PM SR : 02.03.2011 : 2p/6c W.P.(MD)No.495 of 2011 08.02.2011 https://hcservices.ecourts.gov.in/hcservices/