Madras High CourtWP/11533/2022disposed of

Sangarane v. The Union Of India

2022-06-06Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.06.2022

CORAM

THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P. No. 11533 of 2022 Sangarane .. Petitioner

Versus

1. The Union of India Rept. by the Secretary (Revenue, Government of Puducherry, Puducherry.

2. The Land Acquisition Officer, Cum Deputy Collector (Revenue) (North), Government of Puducherry, Puducherry.

3. The Director, Directorate of Land and Survey Records, Government of Puducherry, Puducherry.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the 3rd respondents to consider my representation dated 07.03.2022 pertains to demarcation of petitioner land situated in Ariyankuppam Revenue Village in Resurvey Number 116/1B by excluding the portion of Land acquired for public purpose and to issue no objection certificate for the remaining unacquired portion of his land and for the purpose of selling the same. For Petitioners : Mr.K.Kannadasan For Respondents : Mr.J.Kumaran, AGP, Puducherry

O R D E R

Mr.J.Kumaran, learned Additional Government Pleader takes notice for the respondents. By consent of both parties, this writ petition is taken up for final disposal at the time of admission itself.

2.The present writ petition has been filed seeking a direction to the 3rd respondents to consider my representation dated 07.03.2022 pertains to demarcation of petitioner land situated in Ariyankuppam Revenue Village in Resurvey Number 116/1B by excluding the portion of Land acquired for public purpose and to issue no objection certificate for the remaining

unacquired portion of his land and for the purpose of selling the same.

3.The case of the petitioner is that the land in S.No.116/1B situated in Ariyankuppam is the ancestral property of the petitioner. The portion of the land to the extent of 1 hectare 49 Ares and 30 cantiares was acquired by the second respondent for the purpose of establishing coastal Guard Station by way of passing final award dated 30.09.2008 and the compensation was also received. The remaining un-acquired portion of the land to an extent of 1 Hectare is in possession and enjoyment of the petitioner. Due to family situation, the petitioner has decided to sell the land, for which, he made a representation to the respondents requesting for demarcation and to issue no objection certificate for the unacquired portion of the petitioner's land. However, till date, no order is passed. Hence, the petitioner has file the present writ petition before this Court with the above said prayer.

4. The learned counsel for the petitioner submitted that this Court may issue a suitable direction to the respondents to consider the petitioner's representation dated 07.03.2022 and pass appropriate orders within the time stipulated by this Court.

5. The learned Additional Government Pleader appearing on behalf of the respondents submitted that the representation dated 07.03.2022 will be considered and suitable orders will be passed on merits within the stipulated period as fixed by this Court.

6. Considering the facts and circumstances of the case and the limited relief sought for by the petitioner, this court, without going into the merits of the case, direct the respondents 1 to 3 to consider the petitioner's representation dated 07.03.2022 and pass appropriate orders, on merits and in accordance with law, after affording reasonable opportunity of hearing to the petitioner, within a period of six weeks from the date of receipt of a copy of this order.

7. With the aforesaid direction, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar rli

1. The Secretary (Revenue, The Union of India Government of Puducherry, Puducherry.

2. The Land Acquisition Officer, Cum Deputy Collector (Revenue) (North), Government of Puducherry, Puducherry.

3. The Director, Directorate of Land and Survey Records, Government of Puducherry, Puducherry.

+1cc to Mr.K.Kannadasan, Advocate, S.R.No.32347 +1cc to the Government Pleader,Puducherry S.R.No.32254 W.P. No. 11533 of 2022 GPL(CO) CT/20/06/2022