R.Thalapathi, v. Union Of India,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.03.2024

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN R.Thalapathi ... Petitioner Vs.

1.Union of India, Rep.by Chief Secretary, Puducherry - 605 001.

2.The Settlement Tahsildar - I, Directorate of Survey and Land Records, Kamaraj Salai, Saram, Puducherry - 605 013.

... Respondents Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the second respondent to dispose of the petitioner's application dated 28.02.2023 under Section 23(i) of the Settlement Act pending before the second respondent, duly acknowledged by the second respondent, within a fixed time frame and pass necessary orders insofar as the property towards transfer of Patta in relation to property of vacant plot comprising 12900 sq.ft Puducherry Revenue Division, Uzhavarkarai SubRegistration Division, Uzhavarkarai Municipality Grama No.34, Thattachavady Revenue Village, Veemakaundanpalayalam Cadaster No.1883, Resurvey No.190/1.

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For Petitioner : Mr.B.Kumar Senior Counsel for Mr.Usha Ramman For Respondents : Mr.V.Vasantha Kumar Additional Government Pleader (Pondicherry)

O R D E R

Mr.V.Vasantha Kumar, learned Additional Government Pleader (Pondicherry) accepts notice for the respondents. With the consent of both the parties, this writ petition is taken up for final disposal at the admission stage itself.

2. This Writ Petition has been filed seeking for issuance of a Writ of Mandamus, directing the second respondent to dispose of the petitioner's application dated 28.02.2023, wherein and whereby, he sought to transfer of Patta in his favour, in respect of a vacant plot comprising 12900 sq.ft in Puducherry Revenue Division, Uzhavarkarai Sub-Registration Division, Uzhavarkarai Municipality Grama No.34, Thattachavady Revenue Village, Veemakaundanpalayalam Cadaster No.1883, Resurvey No.190/1.

3. The learned Senior Counsel appearing for the petitioner submitted that the petitioner has given a representation dated 28.02.2023 to the second 2/5

respondent herein, seeking transfer of Patta in favour of the petitioner in respect of the land in question. Though the second respondent issued a notice for enquiry and enquiry was also completed on 21.06.2023, the second respondent has not passed final orders till date. Hence, the petitioner is constrained to file the present writ petition.

4. The learned Additional Government Pleader (Pondicherry) appearing for the respondents submitted that the final orders would be passed on merits and in accordance with law, as expeditiously as possible.

5. Heard both sides and perused the materials available on record.

6. Having regard to the submissions made by the learned counsel on either side, this Court, without expressing any view or opinion with regard to the merits of the case, as already enquiry has stated to have been conducted, directs the second respondent to pass appropriate orders on merits and in accordance with law. Such exercise shall be completed within a period of six weeks from the date of receipt of a copy of this order.

8. With the above directions, this Writ Petition is disposed of. There 3/5

shall be no order as to costs.

20.03.2024 Index : Yes / No Speaking Order : Yes / No ms To 1.The Chief Secretary, Union of India, Puducherry - 605 001.

2.The Settlement Tahsildar - I, Directorate of Survey and Land Records, Kamaraj Salai, Saram, Puducherry - 605 013.

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P.VELMURUGAN. J.

ms 20.03.2024 5/5