M/S.Rkm Land Promoters Private Limited v. Union Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23-04-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

1. M/s.RKM Land Promoters Private Limited Rep. By Its Authroised Signatory, Mr.R.Krishnamoorthy S/o.G.Ramasamy, No.69 Uthukuzhi Main Road, Karumarampalayam, Tiruppur, Tamil Nadu 641607.

Petitioner(s) Vs

1. Union Of India Represented By The Chief Secretary To Government, Government Of Puducherry, Puducherry.

2.The Secretary To Government (revenue) 3.The Sub-collector (revenue) North -cum - Authorised Officer (land Reforms),

4.The Sub-registrar Office Of District Registrar, Saram, Respondent(s) PRAYER Writ petition filed under Article 226 of Constitution of India for the issue of writ of Mandamus directing the respondents to complete the procedure under section 22(2)(a) of Puducherry Land Reforms (Fixation of Ceiling on Land) Act 1973 for taking equal area of land from the petitioner Company instead of surplus land in R.S.No. 3/3B of Thavalakuppam Revenue Village in lines with the orders passed in similar case in WP.No. 3641/2003 dated 14/08/2019. For Petitioner(s):

Mrs.Gaythri Vasudevan For Respondent(s):

Mr.A.Tamilvanan Additional Government Pleader, [Pondicherry] for R1 to R4

ORDER

This writ petition has been filed for the issue of writ of Mandamus directing the respondents to deal with the petition filed by the petitioner on 03.03.2025 under Section 22(2) (a) of the Puducherry Land Reforms (Fixation of Ceiling on Land) Act, 1973 for taking equal area of land from the petitioner company instead of the surplus land in R.S.No.3/3B of Thavalakuppam

Revenue Village.

2.

Heard Mrs.Gayathri Vasudevan, learned counsel for the petitioner and Mr.A.Tamilvanan, learned Additional Government Pleader [Pondicherry] for respondents 1 to 4.

3.

The learned Additional Government Pleader appearing on behalf of respondents submitted that in a similar case the 3 rd respondent had considered a similar request made and a proposal was sent to the 2 nd respondent who has to take a final decision. Similarly, in the instant case, the petition given by the petitioner will be considered and it will be verified by the 3 rd respondent as to whether the substitute lands offered by the petitioner matches the surplus lands already identified in terms of the extent and the value and if that is satisfied, the rd respondent will prepare a proposal and submit the same before the 2 nd respondent and the 2 nd respondent will thereafter take a decision. 4.

In the light of the materials placed before this Court and after considering the submissions made on either side, there shall be a direction to the rd respondent to deal with the petition filed by the petitioner on 03.03.2025 on its own merits and in accordance with law and take a decision with respect to submitting the proposal before the 2 nd respondent within a period of tweleve weeks from the date of receipt of a copy of this order. If ultimately the 3 rd respondent submits the proposal before the 2 nd respondent, the 2 nd respondent

shall consider the same as expeditiously as possible. 5.

This writ petition is disposed of with the above directions. No costs.

23-04-2025 rka Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.Union Of India Represented By The Chief Secretary To Government, Government Of Puducherry, Puducherry.

2.The Secretary To Government (revenue) 3.The Sub-collector (revenue) North -cum - Authorised Officer (land Reforms), 4.The Sub-registrar Office Of District Registrar, Saram,

N.ANAND VENKATESH J.

rka 23-04-2025