Murugan v. The Secretary Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.02.2025

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.5645 of 2025 Murugan ... Petitioner Vs.

1.The Secretary Officer, Secretariat Office, Puducherry.

2.The Deputy Collector (Land Acquisition) Government of Puducherry, Thilagar Nagar, Puducherry.

3.The Director of Survey and Land Records Department Saaram, Puducherry.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 2nd and 3rd respondents to conduct survey and demarcate remaining property in R.S.No.202/5 and 203 in Thattanchavady Revenue Village and an extent of 77 ares 15 Canthiers left after acquisition through award No. 14/75 dated 27.08.1975 based on the representation of the petitioner dated 19.09.2024.

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For Petitioner : Mr.U.Ajithkumar for Mr.K.Thenrajan For Respondents : Mr.A.Tamilvanana Additional Government Pleader

O R D E R

This writ petition has been filed for issue of writ of mandamus directing the 2nd and 3rd respondents to deal with the representation made by the petitioner on 19.09.2024, wherein, the petitioner has sought for the survey and demarcation of the boundaries in the subject property measuring an extent of 77 Ares and 15 Canthiers.

2.Heard Mr.U.Ajithkumar, learned counsel appearing on behalf of the petitioner and Mr.A.Tamilvanan, learned Additional Government Pleader appearing on behalf of respondents.

3.The case of the petitioner is that out of the total extent of the subject property, acquisition proceedings were initiated and certain properties were acquired and the compensation amount was also paid. Insofar as the remaining property is concerned, the authorities did not survey and demarcate the boundaries 2/4

in order to enable the petitioner to enjoy the property. The further case of the petitioner is that the adjacent land owner whose property was also acquired, approached this Court and filed W.P.No.18035 of 2009 and pursuant to the orders passed by this Court, the revenue records were changed in his name with respect to the property that remained after the acquisition. Since the representation made by the petitioner was not considered, he made a representation before the Chief Minister Office which was forwarded to the 2nd and 3rd respondents. In spite of the same, there was no progress. It is under these circumstances, the present writ petition has been filed before this Court.

4.Taking into consideration the facts and circumstances of the case and considering the limited relief sought for in this writ petition and taking note of the materials placed before this Court, there shall be a direction to the petitioner to make a fresh representation to the 3rd respondent seeking for survey and demarcation of the remaining property that is left with the petitioner. On receipt of the application, the 3rd respondent shall proceed further to survey the property and demarcate the boundaries that are remaining with the petitioner so as to enable the petitioner to get the records transferred in his name for the remaining properties. 3/4

N. ANAND VENKATESH, J.

ssr This process shall be completed by the 3rd respondent, within a period of six weeks from the date of receipt of the fresh application from the petitioner. 5.This writ petition is disposed of with the above directions. No Costs. 24.02.2025 Internet : Yes Index : Yes Speaking Order / Non Speaking Order ssr To 1.The Secretary Officer, Secretariat Office, Puducherry.

2.The Deputy Collector (Land Acquisition) Government of Puducherry, Thilagar Nagar, Puducherry.

3.The Director of Survey and Land Records Department Saaram, Puducherry.

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