Madras High CourtWP/17109/2015disposed of

V.Rajendiran v. The Director

2015-06-17Honourable Mr Justice M. Sathyanarayanan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 17.06.2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.17109 of 2015 V.Rajendiran .. Petitioner

Versus

1 The Director Department of Survey and land Records II Floor Revenue Complex Saram Puducherry 2 The Settlement Officer I Department of Survey and Land Records II Floor Revenue Complex Saram Puducherry .. Respondents Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a writ of mandamus, directing the respondent to pass the order in the settlement petition filed on 4.8.2010 and lastly filed on 30.12.2014.

For Petitioner : Mr.P.Suresh For Respondents : Mr.R.Sreedhar Government Advocate (Pondy)

O R D E R

By consent, the writ petition is taken up for final disposal.

2. The petitioner claims that the property comprised in R.S.No.43/1, Cadastre No.517/1, 517/2 and 517/3 to the extent of 00.51.00 Hectares, Villianur Revenue Village and Commune Panchayat, Puducherry, were ancestral in nature and according to him, once the sale deed is issued by Notarire in favour of the vendee, it has force to decree and it can be executed by police.

3. The petitioner would further state that the parties had decided to partition the property and therefore, the petitioner has approached the jurisdictional Registrar Office for making conveyance and he was informed that since the patta is not in the name of the family of the petitioner, he was advised to file a petition before the 2nd respondent and accordingly, the petitioner has filed the petition on 04.08.2010 followed by reminders dated 02.07.2013, 02.07.2014, 10.10.2014 and 30.12.2014 and since, he has not been favoured with any kind of response, came forward to file this writ petition.

4. Heard the submissions of Mr.P.Suresh, learned counsel appearing for the petitioner and Mr.R.Sreedhar, learned Government Advocate (Pondy), who accepts notice for the respondents. https://hcservices.ecourts.gov.in/hcservices/

5. This Court, taking into consideration the limited scope of the prayer sought for by the petitioner and without going into the merits of the claim projected by the petitioner, directs the 2nd respondent to consider the petitioner's representation/application dated 04.08.2010 and reminders dated 02.07.2013, 02.07.2014, 10.10.2014 and 30.12.2014, in accordance with law, after putting on notice the persons concerned and pass orders as expeditiously as possible and not later than six weeks from the date of receipt of a copy of this order and inform the decision taken, to the petitioner as well as to the persons concerned.

6. The writ petition is disposed of, accordingly. No costs. Sd/- Assistant Registrar True Copy Sub Assistant Registrar To 1 The Director Department of Survey and land Records II Floor Revenue Complex Saram Puducherry 2 The Settlement Officer I Department of Survey and Land Records II Floor Revenue Complex Saram Puducherry +1 cc to Mr.P.Suresh,Advocate,SR.29487.

+1 cc to Government Pleader,SR.29855.

Ctk(co) krd 1/7 W.P.No.17109 of 2015 https://hcservices.ecourts.gov.in/hcservices/