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Madras High CourtWP/12870/2018disposed of

A.Bactavatchalou, v. The District Collector,

2018-05-24Honourable Mrs Justice V.Bhavani Subbaroyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.05.2018

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P.No.12870 of 2018 and WMP.No.15125 of 2018 A.Bactavatchalou ... Petitioner Vs.

1.The District Collector, Collectorate, Valuthavur Road, Puducherry-605 009.

2.The Deputy Collector (Revenue)(North), 3.The Director of Survey & Land Records, Directorate of Survey & Land Records, 4.The Tahsildar, Taluk Office, Puducherry-605 004.

5.Balu 6.Segar ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 3 and 4 to consider the application dated 05.05.2010, bearing receipt No.4348 & Petition dated 05.04.2018 and Petition dated 05.03.2018 respectively, conduct enquiries, give opportunities to the petitioner to state his case and produce documents in support of the same and pass orders thereon in accordance with law within the time that may be fixed by this Court and to direct the respondents 1 to 4 to restrain the respondents 5 and 6 from putting up any construction in the residential plots bearing Plot Nos.61 & 62 comprised in R.S.No.23/4, T.S.No.8/4, Block No.2, Ward-K, Olandai Revenue Village, Puducherry till such disposal.

For Petitioner : Mr.K.P.Jotheeswaran For Respondents : Mr.B.Nambiselvan, Additional Government Pleader (Pondy)

O R D E R

By consent, this Writ Petition is taken up for final disposal.

2. The petitioner claims to be absolute owner of Plot Nos.61 and 62, comprised in R.S.No.23/4, T.S.No.8/4, Block No.2, WardK, Olandai Revenue Village, Puducherry and the respondents 5 and 6, by way of invalid sale deeds, attempting to interfere with his title and possession and also taking urgent steps to put up construction in his residential plots. The petitioner has also submitted applications dated 05.05.2010, bearing receipt No.4348 and petitions dated 05.04.2018 and 05.03.2018 before the respondents 3 and 4 respectively seeking cancellation of patta granted in favour of the respondents 5 and 6 and to grant patta in his name and since no response is forthcoming, came forward with this writ petition.

3. Heard the learned counsel appearing for the petitioner and Mr.B.Nambiselvam, learned Special Government Pleader (Pondy), who accepts notice on behalf of the respondents.

4. Though the petitioner prays for larger relief, this Court in the light of the above facts and circumstances and without going into the merits of the claim projected by the petitioner, directs the respondents 3 and 4 to conduct an enquiry after issuing notices to the parties concerned and consider and dispose of the petitioner's application dated 05.05.2010 bearing Receipt No.4348 and Petitions dated 05.04.2018 and 05.03.2018 respectively and pass appropriate orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order.

5. This Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar/ Vacation Officer //True Copy// Sub Assistant Registrar jvm/pri To 1.The District Collector, Collectorate, Valuthavur Road, Puducherry-605 009.

2.The Deputy Collector (Revenue)(North),

3.The Director of Survey & Land Records, Directorate of Survey & Land Records, 4.The Tahsildar, Taluk Office, Puducherry-605 004.

+1cc to Mr.M.Jotheeswaran, Advocate Sr.No.34128 MG(CO) sM:30.5.2018 W.P.No.12870 of 2018