Siva Sithananthakumaran v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.04.2019

CORAM

THE HON'BLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.10264 of 2019 Siva Sithananthakumaran

...Petitioner

Vs.

1. The District Collector, Office of the Collectorate, Saram, Puducherry.

2. The District Registrar, District Registration Office, Saram, Pondicherry.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the 1st and 2nd respondents to remove the wrong entry made in the records of the 2nd respondent identifying the petitioners land measuring 576 sq ft situated in Survey No. i.e RS No.64/26 Pt, as "Government Promboke", thereby enabling the petitioner for alienation, by taking into consideration the petitioners representations dated 03.01.2019.

For Petitioner : Mr.V.Sivalingam For Respondents: Mr.D.Ravichander Additional Government Pleader (Puducherry)

O R D E R

Mr.D.Ravichander, learned Additional Government Pleader takes notice for the respondents. By consent of the parties, the main writ petition is taken up for final disposal at the admission stage itself.

2. The petitioner seeks for a Mandamus, directing the first and second respondents to remove the wrong entry made in the records of the 2nd respondent in respect of the subject matter property as "Government Poromboke land", based on his representation dated 03.01.2019.

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3. According to the petitioner, the subject matter property is not a "Government Poromboke land" and however, a wrong entry was made in the Revenue records.

4. Ventilating such grievance, the petitioner has already made a representation to the respondents on 03.01.2019 and the said representation is still pending.

5. This Court, at this stage, is not expressing any view on the merits of the claim made by the petitioner, as it is for the first respondent to consider and decide the same on merits and in accordance with law. Thus, this writ petition is disposed of, only with a direction to the 1st respondent to consider the representation of the petitioner dated 03.01.2019 and pass orders on the same on merits and in accordance with law, after hearing the petitioner and the other interested parties, if any. Such exercise shall be done by the 1st respondent within a period of three weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar sni/mk To

1. The District Collector, Office of the Collectorate, Saram, Puducherry.

2. The District Registrar, District Registration Office, Saram, Pondicherry.

+1cc to Mr.V.Sivalingam, Advocate Sr.34155 +1cc to the Government Pleader sr.33613 W.P.No.10264 of 2019 rk[co] srg 6/5/2019 https://hcservices.ecourts.gov.in/hcservices/