Madras High CourtWP/10441/2024disposed of

Angalammal @ Sivagangai v. The Additional Chief Secretary

2024-04-17Honourable The Chief Justice,Honourable Mr Justice J.Sathya Narayana Prasad5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.04.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD Angalammal @ Sivagangai ..

Petitioner Vs.

1. The Additional Chief Secretary Chief Secretariat, U.T. of Puducherry.

2. The Deputy Collector (Revenue) (North) Saram Revenue Complex, Puducherry.

3. The Commissioner Ariankuppam Commune Panchayat Ariankuppam, Puducherry.

4. The Member Secretary Pondicherry Planning Authority Jawahar Nagar, Puducherry.

5. The Tahsildar Taluk Office, Mudaliarpet Puducherry.

6. The Director Department of Survey and Land Records Puducherry.

7. The Pondicherry Industrial Workers Co-op Housing Society Rep. by its Secretary, Subbiah Nagar Thattanchavady, Pondicherry.

8. AFT Rajiv Gandhi Nagar Kudiyiruppor Nalachangam Rep. by its President Mr.Rajasekaran Plot No.67, Rajiv Gandhi Nagar Poranankuppam, Ariankuppam Commune Panchayat Pondicherry-605 007.

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of certiorari, calling for the entire records in pursuant to the memorandum issued by the 3rd respondent to the petitioner vide No.20-01/2019-VR/AKoPa/188 dated 21.03.2024 and quash the same. For the Petitioner : Mr.T.P.Prabakaran For the Respondents : Mr.S.Ravee Kumar Government Pleader (Puducherry) for R1 to R6

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.T.P.Prabakaran, learned counsel for the petitioner and Mr.S.Ravee Kumar, learned Government Pleader (Puducherry) for respondents 1 to 6.

2. It is submitted that the petitioner has already filed a civil suit challenging the sale deed executed by her mother dated 12.03.1999 and also the subsequent transactions. However, the third respondent has passed an order of eviction against the petitioner.

3. Learned Government Pleader (Puducherry) submits that it is not an order of eviction. It is a memorandum, issued prior to proceeding for eviction under the provisions of the Puducherry Village and Commune Panchayats Act, 1973. The petitioner can file her reply/say and thereafter only, further proceedings for eviction of encroachments, if any, would be undertaken.

4. In view of the aforesaid submissions, the present writ petition stands disposed of. There shall be no orders as to costs. (S.V.G., CJ.) (J.S.N.P., J.) 17.04.2024 Index :

Yes/No :

Yes/No drm