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Madras High CourtWP/8239/2020disposed of

V.Manikandamurthy v. The Union Of India

2020-06-12Honourable Mr Justice R. Subramanian3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.06.2020

CORAM

THE HON'BLE MR.JUSTICE R.SUBRAMANIAN W.P.No.8239 of 2020 and WMP Nos.9839 and 9843 of 2020 V. Manikandamurthy .. Petitioner Vs.

1. The Union of India, Represented by the Chief Secretary to Puducherry, Government of Puducherry, Puducherry.

2. The Director, Directorate of Land and Survey Records, Puducherry Revenue Department, Revenue Complex, Saram, Puducherry.

3. The Settlement Officer - II, Directorate of Survey & Land Records, Revenue Complex, Saram, Puducherry.

4. The Sub-Registrar, Villianur, Puducherry.

5. Selvaraj .. Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying for Writ of Mandamus, directing the second and third respondents to cancel the Patta No.754 issued in the name of Alamelu for the lands having an extent of 01-24-50 in R.S.No.94/5 and land measuring 00-07-50 in R.S.No.95/3 in Villianur Taluk, Ariyalur Village, Pondicherry. For Petitioner : Mr. R. Sreedhar For Respondents: Mr.J.Kumaran Additional Government Pleader (P)

ORDER

This matter is taken up for hearing through VideoConferencing.

2. Mr.J.Kumaran, learned Additional Government Pleader (P) takes notice for the respondents.

3. The grievance of the petitioner is that though an enquiry was conducted under Section 23 of the Pondicherry Settlement Act, no final orders have been passed, but the Revenue Records have been mutated in the name of the fifth respondent's mother.

4. Mr.J.Kumaran, learned Additional Government Pleader (Puducherry) would submit that final orders have been passed on 29.05.2019 and the same has also been served on the petitioner.

5. Mr. R.Sreedhar, learned counsel appearing for the petitioner would seriously dispute the said statement and claimed that no order has been served on the petitioner.

6. Mr.J.Kumaran, learned Additional Government Pleader (Puducherry) would however submit that he would forward the copy of the final order dated 29.05.2019 to the counsel for the petitioner and the petitioner would be at liberty to file an Appeal treating the date of receipt of the order from him as the date of receipt of the order for the purposes of limitation.

7. In view of the above submission the Writ Petition is disposed of with liberty to the petitioner to file an appeal treating the date of receipt of the order from the learned Additional Government Pleader as the actual date of receipt for the purpose of limitation. No costs. Consequently, the connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar jv To 1.The Chief Secretary, The Union of India, Government of Puducherry, Puducherry.

2.The Director, Directorate of Land and Survey Records, Puducherry Revenue Department, Revenue Comples, Saram, Puducherry.

3.The Settlement Officer - II, Directorate of Survey & Land Records, Revenue Complex, Saram, Puducherry.

4.The Sub-Registrar, Villianur, Puducherry.

W.P.No.8239 of 2020 and WMP Nos.9839 and 9843 of 2020 RLD(CO) CB(16/06/2020)