S.Adinarayanan v. The Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.03.2024
CORAM
THE HON'BLE MR. JUSTICE P.VELMURUGAN S.Adinarayanan ... Petitioner Vs.
1. The Secretary, Puducherry Housing Board/For Information, And Necessary Action,
2. The District Collector, Office of the District Collector, Vazhadavoor Road, Puducherry - 605 009.
3. The Tahsildar, Taluk Office, South Car Street, Villianur, Puducherry - 605 110. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the second and third respondents to consider the representation of the petitioner dated 14.08.2023 and 25.05.2023 respectively for granting of patta in respect
of lands comprised in R.S.No.14/2pt and 9/10pt, Cadastre No.55pt and 32pt situated at No.33, Kurumbapet Village, Villianur Taluk, For Petitioner : Mr.A.Palaniappan For Respondents : Mrs.V.Usha Additional Government Pleader Pondicherry
O R D E R
This Writ Petition has been filed to issue a Writ of Mandamus, to direct the second and third respondents to consider the petitioner's representations dated 14.08.2023 and 25.05.2023.
2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader (Pondicherry) appearing for the respondents and perused the materials available on record.
3. Learned counsel for the petitioner submitted that he purchased the subject property and the same was registered as Doc.No.1890 of 2000 dated 31.08.2000 on the file of the Sub Registrar, Villianur. The first respondent had unilaterally executed another sale deed dated
08.08.2007 bearing Doc.No.5778 of 2000 on the file of the Sub Registrar, Villanur in respect the same property for the second time. Hence the petitioner made a representation dated 25.05.2023 to the third respondent. The respondents have not considered the petitioner's representation and same is pending. Hence, he filed the present writ petition.
4. Having regard to the submissions made by the learned counsel on either side and taking into consideration the limited prayer sought for by the petitioner, without expressing any opinion with regard to the merits of the case, this Court directs the second and third respondents to consider the petitioner's representations dated 14.08.2023 and 25.05.2023 if the petitioner is otherwise eligible and conduct enquiry in the manner known to law after issuing notice to the petitioner and interested parties/rival claimants/objectors if any, as the case may be and pass appropriate orders on merits and in accordance with law. The abovesaid exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order.
5. With the abovesaid direction, the Writ Petition is disposed of. There shall be no order as to costs.
06.03.2024 mfa Index:Yes/No Speaking Order: Yes/No To
1. The Secretary, Puducherry Housing Board/For Information, And Necessary Action,
2. The District Collector, Office of the District Collector, Vazhadavoor Road, Puducherry - 605 009.
3. The Tahsildar, Taluk Office, South Car Street, Villianur, Puducherry - 605 110.
P.VELMURUGAN, J.
mfa 06.03.2024