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W.P.Nos.27406 of 2021 and 32276, 32279, 32280, 32281 and 32283 of 2019IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 16.09.2025CORAMTHE HONOURABLE MR.JUSTICE M.DHANDAPANIW.P.Nos.27406 of 2021 and 32276, 32279, 32280, 32281 and 32283 of 2019AndW.M.P.No.28928 of 20211.P.Amudha2.P.Chinnaponnu3.S.Rajamani ... Petitioners in W.P.27406/2021 T.Anandhan... Petitioner in W.P.32276/2019Manjini... Petitioner in W.P.32279/2019Nagavalli... Petitioner in W.P.32280/2019Chandra... Petitioner in W.P.32281/2019Veerappan D... Petitioner in W.P.32283/2019Vs.1.The District Collector (Revenue), Office of the District Collector, Puducherry.2.Sub-Collector (Rev.)(South) – cum – Estate Officer, Villianur, Puducherry.3.M.Sivaraman4.V.Sujatha5.G.Valarmathi... Respondents in W.P.27406/20211/8 https://www.mhc.tn.gov.in/judis W.P.Nos.27406 of 2021 and 32276, 32279, 32280, 32281 and 32283 of 20191.The Secretary AdiDravidar Welfare Department Puducherry.2.The Director AdiDravidar Welfare Department Puducherry.3.Welfare Officer AdiDravidar Welfare Department Puducherry.... Respondents in W.Ps.32276, 32279,32280, 32281 and 32283 of 2019 4.Krishnaveni ... Respondent in W.P.32276/20194.Vetrivel ... Respondent in W.P.32279/20194.Vijaya ... Respondent in W.P.32280/20194.Manjni ... Respondent in W.Ps.32281 &32283/2019Prayer in W.P.No.27406 of 2021:Petitions filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records of the second respondent with No.628/DCRS/Encr/B2/2018-4 dated 01.12.2021 and to quash the same and to direct the respondents 1 and 2 to allocate the unit 11, 12 and 13 to the petitioners or in the alternative to direct the respondents 1 and 2 to allot veettu manai patta to the petitioners.2/8 https://www.mhc.tn.gov.in/judis W.P.Nos.27406 of 2021 and 32276, 32279, 32280, 32281 and 32283 of 2019Common Prayer in W.P.Nos.32276, 32279, 32280, 32281 and 32283 of 2019:Petitions filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the second respondent to take necessary action against the unauthorised occupancy by the fourth respondent within a stipulated time frame.For Petitioners : Mr.G.Shanmugam in W.P.No.27406 of 2021 Mr.R.Udhayakumar in W.P.Nos.32276, 32279, 32280,32281 and 32283 of 2019 For Respondents: Mr.M.Nirmal Kumar for R1 and R2 Government Advocate (Pondy) R3 to R5 – NRN in W.P.No.27406 of 2021 Mr.V.Vasanthakumar for R1 to R3 Additional Government Pleader (Pondy) in W.P.Nos.32276, 32279, 32280,32281 and 32283 of 2019 R4 – No Appearance in W.P.Nos.32276 and 32279 of 2019 R4 – Not Ready Notice in W.P.Nos.32280, 32281 and 32283 of 2019 3/8 https://www.mhc.tn.gov.in/judis W.P.Nos.27406 of 2021 and 32276, 32279, 32280, 32281 and 32283 of 2019 C O M M O N O R D E RW.P.No.27406 of 2021 has been filed seeking issuance of Writ of Certiorarified Mandamus to call for the records of the second respondent with No.628/DCRS/Encr/B2/2018-4 dated 01.12.2021 and to quash the same and to direct the respondents 1 and 2 to allocate the unit 11, 12 and 13 to the petitioners or in the alternative to direct the respondents 1 and 2 to allot veettu manai patta to the petitioners.2.W.P.Nos.32276, 32279, 32280, 32281 and 32283 of 2019 have been filed seeking issuance of Writ of Mandamus to direct the second respondent to take necessary action against the unauthorised occupancy by the fourth respondent within a stipulated time frame.3.Since the issue involved in these writ petitions are interrelated, they are heard together and disposed of by way of a common order. 4.The learned counsel appearing for the petitioners in W.P.No.27406 of 2021 submitted that the petitioners belong to Scheduled Caste category of Puducherry and they were residing in the 4/8 https://www.mhc.tn.gov.in/judis W.P.Nos.27406 of 2021 and 32276, 32279, 32280, 32281 and 32283 of 2019Government Porampokku in Vilianur and during the Thane cyclone, the huts put up by them were completely inundated and were washed away and the Revenue Authorities shifted the petitioners to the near rescue shelter and after some time, they were shifted to Puthiya Arasu Kudiyeruppu, Korkadu, Puducherry, which were constructed for resettling the Scheduled Caste people of Puducherry, however, all of a sudden, the impugned eviction order was passed directing the petitioners to vacate the premises, by invoking the power under Section 5(1) of the Public Premises (Eviction and Unauthorised Occupants) Act, 1971, which is not sustainable one. 5.The learned counsel appearing for the petitioners in W.P. Nos.32276, 32279, 32280, 32281 and 32283 of 2019 submitted that the petitioners made application along with required documents for free dwelling site and the Government allotted house/ dwelling unit to the petitioners and when they went to take possession of the dwelling unit allotted to them, they were shocked and surprised to see that the dwelling unit was encroached by the private respondents. 6.The learned Government Advocate (Pondy) and the learned Additional Government Pleader (Pondy) submitted that houses/ 5/8 https://www.mhc.tn.gov.in/judis W.P.Nos.27406 of 2021 and 32276, 32279, 32280, 32281 and 32283 of 2019dwelling units were allotted only in favour of the petitioners in W.P. Nos.32279, 32280, 32281 and 32283 of 2019 vide allotment order dated 19.10.2015 and no allotment order was issued in favour of the petitioners in W.P.Nos.32276 of 2019 and 27406 of 2021, and without any allotment order, the petitioners in W.P.No.27406 of 2021 are occupying the dwelling units. They further submitted that after evicting un-authorised occupants, the persons who got allotment order will be put in possession.7.Heard the arguments advanced on either side and perused the materials available on record.8.Perusal of records reveal that the petitioners in W.P.No.27406 of 2021 were residing in the Government Porampokku in Vilianur and during the Thane cyclone, the huts put up by them were completely inundated and were washed away and hence the Revenue Authorities shifted the petitioners to the near rescue shelter and after some time, they were shifted to Puthiya Arasu Kudiyeruppu, Korkadu, Puducherry, however, they were not issued with any allotment order and the petitioners also did not produce any allotment order issued in their favour. It also appears that the petitioner in W.P.No.32276 of 2019 6/8 https://www.mhc.tn.gov.in/judis W.P.Nos.27406 of 2021 and 32276, 32279, 32280, 32281 and 32283 of 2019was not issued with any allotment order. However, dwelling units were allotted in favour of the petitioners in W.P. Nos.32279, 32280, 32281 and 32283 of 2019 vide allotment order dated 19.10.2015 and hence, they are entitled to claim possession. Without any allotment order, occupying the dwelling units meant for poor people cannot be entertained.9.In view of the above, there shall be a direction to the official respondents to allot the respective dwelling units to the petitioners in W.P.Nos.32279, 32280, 32281 and 32283 of 2019, within a period of six weeks from the date of receipt of a copy of this order. 10.The writ petitions are disposed of with the above observation. No costs. Consequently, connected miscellaneous petition is closed. 16.09.2025priIndex: Yes/ No Speaking Order: Yes/ No NCC: Yes/ NoTo1.The District Collector (Revenue), Office of the District Collector, 7/8 https://www.mhc.tn.gov.in/judis W.P.Nos.27406 of 2021 and 32276, 32279, 32280, 32281 and 32283 of 2019 Puducherry.2.Sub-Collector (Rev.)(South) – cum – Estate Officer, Villianur, Puducherry.M.DHANDAPANI,J.pri3.The Secretary AdiDravidar Welfare Department Puducherry.4.The Director AdiDravidar Welfare Department Puducherry.5.Welfare Officer AdiDravidar Welfare Department Puducherry.W.P.Nos.27406 of 2021 and 32276, 32279, 32280, 32281 and 32283 of 2019AndW.M.P.No.28928 of 20218/8 https://www.mhc.tn.gov.in/judis W.P.Nos.27406 of 2021 and 32276, 32279, 32280, 32281 and 32283 of 201916.09.20259/8
W.P.Nos.27406 of 2021 and 32276, 32279, 32280, 32281 and 32283 of 2019IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 16.09.2025CORAMTHE HONOURABLE MR.JUSTICE M.DHANDAPANIW.P.Nos.27406 of 2021 and 32276, 32279, 32280, 32281 and 32283 of 2019AndW.M.P.No.28928 of 20211.P.Amudha2.P.Chinnaponnu3.S.Rajamani ... Petitioners in W.P.27406/2021 T.Anandhan... Petitioner in W.P.32276/2019Manjini... Petitioner in W.P.32279/2019Nagavalli... Petitioner in W.P.32280/2019Chandra... Petitioner in W.P.32281/2019Veerappan D... Petitioner in W.P.32283/2019Vs.1.The District Collector (Revenue), Office of the District Collector, Puducherry.2.Sub-Collector (Rev.)(South) – cum – Estate Officer, Villianur, Puducherry.3.M.Sivaraman4.V.Sujatha5.G.Valarmathi... Respondents in W.P.27406/20211/8 https://www.mhc.tn.gov.in/judis W.P.Nos.27406 of 2021 and 32276, 32279, 32280, 32281 and 32283 of 20191.The Secretary AdiDravidar Welfare Department Puducherry.2.The Director AdiDravidar Welfare Department Puducherry.3.Welfare Officer AdiDravidar Welfare Department Puducherry.... Respondents in W.Ps.32276, 32279,32280, 32281 and 32283 of 2019 4.Krishnaveni ... Respondent in W.P.32276/20194.Vetrivel ... Respondent in W.P.32279/20194.Vijaya ... Respondent in W.P.32280/20194.Manjni ... Respondent in W.Ps.32281 &32283/2019Prayer in W.P.No.27406 of 2021:Petitions filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records of the second respondent with No.628/DCRS/Encr/B2/2018-4 dated 01.12.2021 and to quash the same and to direct the respondents 1 and 2 to allocate the unit 11, 12 and 13 to the petitioners or in the alternative to direct the respondents 1 and 2 to allot veettu manai patta to the petitioners.2/8 https://www.mhc.tn.gov.in/judis W.P.Nos.27406 of 2021 and 32276, 32279, 32280, 32281 and 32283 of 2019Common Prayer in W.P.Nos.32276, 32279, 32280, 32281 and 32283 of 2019:Petitions filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the second respondent to take necessary action against the unauthorised occupancy by the fourth respondent within a stipulated time frame.For Petitioners : Mr.G.Shanmugam in W.P.No.27406 of 2021 Mr.R.Udhayakumar in W.P.Nos.32276, 32279, 32280,32281 and 32283 of 2019 For Respondents: Mr.M.Nirmal Kumar for R1 and R2 Government Advocate (Pondy) R3 to R5 – NRN in W.P.No.27406 of 2021 Mr.V.Vasanthakumar for R1 to R3 Additional Government Pleader (Pondy) in W.P.Nos.32276, 32279, 32280,32281 and 32283 of 2019 R4 – No Appearance in W.P.Nos.32276 and 32279 of 2019 R4 – Not Ready Notice in W.P.Nos.32280, 32281 and 32283 of 2019 3/8 https://www.mhc.tn.gov.in/judis W.P.Nos.27406 of 2021 and 32276, 32279, 32280, 32281 and 32283 of 2019 C O M M O N O R D E RW.P.No.27406 of 2021 has been filed seeking issuance of Writ of Certiorarified Mandamus to call for the records of the second respondent with No.628/DCRS/Encr/B2/2018-4 dated 01.12.2021 and to quash the same and to direct the respondents 1 and 2 to allocate the unit 11, 12 and 13 to the petitioners or in the alternative to direct the respondents 1 and 2 to allot veettu manai patta to the petitioners.2.W.P.Nos.32276, 32279, 32280, 32281 and 32283 of 2019 have been filed seeking issuance of Writ of Mandamus to direct the second respondent to take necessary action against the unauthorised occupancy by the fourth respondent within a stipulated time frame.3.Since the issue involved in these writ petitions are interrelated, they are heard together and disposed of by way of a common order. 4.The learned counsel appearing for the petitioners in W.P.No.27406 of 2021 submitted that the petitioners belong to Scheduled Caste category of Puducherry and they were residing in the 4/8 https://www.mhc.tn.gov.in/judis W.P.Nos.27406 of 2021 and 32276, 32279, 32280, 32281 and 32283 of 2019Government Porampokku in Vilianur and during the Thane cyclone, the huts put up by them were completely inundated and were washed away and the Revenue Authorities shifted the petitioners to the near rescue shelter and after some time, they were shifted to Puthiya Arasu Kudiyeruppu, Korkadu, Puducherry, which were constructed for resettling the Scheduled Caste people of Puducherry, however, all of a sudden, the impugned eviction order was passed directing the petitioners to vacate the premises, by invoking the power under Section 5(1) of the Public Premises (Eviction and Unauthorised Occupants) Act, 1971, which is not sustainable one. 5.The learned counsel appearing for the petitioners in W.P. Nos.32276, 32279, 32280, 32281 and 32283 of 2019 submitted that the petitioners made application along with required documents for free dwelling site and the Government allotted house/ dwelling unit to the petitioners and when they went to take possession of the dwelling unit allotted to them, they were shocked and surprised to see that the dwelling unit was encroached by the private respondents. 6.The learned Government Advocate (Pondy) and the learned Additional Government Pleader (Pondy) submitted that houses/ 5/8 https://www.mhc.tn.gov.in/judis W.P.Nos.27406 of 2021 and 32276, 32279, 32280, 32281 and 32283 of 2019dwelling units were allotted only in favour of the petitioners in W.P. Nos.32279, 32280, 32281 and 32283 of 2019 vide allotment order dated 19.10.2015 and no allotment order was issued in favour of the petitioners in W.P.Nos.32276 of 2019 and 27406 of 2021, and without any allotment order, the petitioners in W.P.No.27406 of 2021 are occupying the dwelling units. They further submitted that after evicting un-authorised occupants, the persons who got allotment order will be put in possession.7.Heard the arguments advanced on either side and perused the materials available on record.8.Perusal of records reveal that the petitioners in W.P.No.27406 of 2021 were residing in the Government Porampokku in Vilianur and during the Thane cyclone, the huts put up by them were completely inundated and were washed away and hence the Revenue Authorities shifted the petitioners to the near rescue shelter and after some time, they were shifted to Puthiya Arasu Kudiyeruppu, Korkadu, Puducherry, however, they were not issued with any allotment order and the petitioners also did not produce any allotment order issued in their favour. It also appears that the petitioner in W.P.No.32276 of 2019 6/8 https://www.mhc.tn.gov.in/judis W.P.Nos.27406 of 2021 and 32276, 32279, 32280, 32281 and 32283 of 2019was not issued with any allotment order. However, dwelling units were allotted in favour of the petitioners in W.P. Nos.32279, 32280, 32281 and 32283 of 2019 vide allotment order dated 19.10.2015 and hence, they are entitled to claim possession. Without any allotment order, occupying the dwelling units meant for poor people cannot be entertained.9.In view of the above, there shall be a direction to the official respondents to allot the respective dwelling units to the petitioners in W.P.Nos.32279, 32280, 32281 and 32283 of 2019, within a period of six weeks from the date of receipt of a copy of this order. 10.The writ petitions are disposed of with the above observation. No costs. Consequently, connected miscellaneous petition is closed. 16.09.2025priIndex: Yes/ No Speaking Order: Yes/ No NCC: Yes/ NoTo1.The District Collector (Revenue), Office of the District Collector, 7/8 https://www.mhc.tn.gov.in/judis W.P.Nos.27406 of 2021 and 32276, 32279, 32280, 32281 and 32283 of 2019 Puducherry.2.Sub-Collector (Rev.)(South) – cum – Estate Officer, Villianur, Puducherry.M.DHANDAPANI,J.pri3.The Secretary AdiDravidar Welfare Department Puducherry.4.The Director AdiDravidar Welfare Department Puducherry.5.Welfare Officer AdiDravidar Welfare Department Puducherry.W.P.Nos.27406 of 2021 and 32276, 32279, 32280, 32281 and 32283 of 2019AndW.M.P.No.28928 of 20218/8 https://www.mhc.tn.gov.in/judis W.P.Nos.27406 of 2021 and 32276, 32279, 32280, 32281 and 32283 of 201916.09.20259/8