Kona Ramamoorthy, v. The Settlement Officer-Ii,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.10.2022
CORAM:
THE HONOURABLE MR. JUSTICE M.DHANDAPANI and W.M.P.Nos.2 & 2 of 2014 1.Kona Ramamoorthy 2.Kona Suba Rao ... Petitioners in W.P.No.9522 of 2022 1.K.Venkateswara Rao 2.K.Chandra Kumar 3.Kunamreddy Masara Kumari ... Petitioners in W.P.No.9523 of vs.
1.The Settlement Officer-II, Directorate of Survey and Land Records, Government of Puducherry, Puducherry.
2.The Director of Settlement, Directorate of Survey and Land Records, Puducherry. ... Respondents in both the W.Ps. Common Prayer:
Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorari, calling for the records relating to the proceedings of the order passed in Appeal No.3 of 2010 dated 23.12.2013 on the file of the 2nd respondent confirming the order of the 1st respondent in proceedings No.9471/DOS/ST-II/2009 Page No.1 of 6
dated 28.12.2009 and quash the same.
For Petitioners in both the W.Ps.: Mr.V.Elangovan For Respondents in both the W.Ps :Mr.J.Kumaran Addl. Govt. Pleader (Pondycherry) C O M M O N O R D E R These Writ Petitions have been filed challenging the proceedings of the order passed in Appeal No.3 of 2010 dated 23.12.2013 on the file of the 2nd respondent confirming the order of the 1st respondent in proceedings No.9471/DOS/ST-II/2009 dated 28.12.2009 and quash the same 2.The learned counsel for the petitioners further submitted that the appeal before the Appellant Authority was also dismissed on 23.12.2013. The claim of the petitioner is that he is in enjoyment of the property and initially the patta, chitta and adangal was also issued in favour of the petitioner by the Revenue Official. However, subsequently, it was wrongly classified as 'Government River Poramboke'. Challenging the said classification, they filed an appeal before the Appellant Authority. The Appellant Authority also considered the same and rejected the said appeal. Challenging the same, the similarly placed persons including the Page No.2 of 6
petitioners filed a Writ Petition before this Court in W.P.No.6058 of 2010 and the same was dismissed on 20.02.2022. Accordingly, he prays for appropriate orders.
3.The issue that arises in these Writ Petitions had already been considered by this Court vide order dated 20.02.2022 in W.P.No.6058 of 2010, for better appreciation the relevant paragraph of the said order is extracted hereunder.
"7.The facts of the case are not in dispute. Admittedly, when the re-classification proceedings were initiated by the Government of Puducherry, show cause notice was issued to the petitioners and other 46 persons and subsequently, the present impugned order was passed. On perusal of the entire records, it came to know that the petitioners have produced the document over the property relating to T.S.No.D/2/5. However, the petitioners have failed to produce the proof with regard to T.S.No.D/2/5/3. The Government have rightly classified the lands in question as "Government Poromboke" - River. In the absence of any documentry evidence, the prayer sought for by the petitioners in the Writ Petition cannot be maintainable and no interference is called for in the impugned order...."
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4.In view of the same, this Court is not inclined to interfere with the impugned order as the said order stands squarely attracted to the case on hand and hence, these Writ Petitions are dismissed. No costs. Consequently, connected miscellaneous petitions are also closed. 18.10.2022 Index : Yes/No Speaking Order : Yes/No gba To 1.The Settlement Officer-II, Directorate of Survey and Land Records, Government of Puducherry, Puducherry.
2.The Director of Settlement, Directorate of Survey and Land Records, Puducherry.
West Saidapet, Chennai - 600 015.
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M.DHANDAPANI,J.
gba and W.M.P.Nos.2 & 2 of 2014 Page No.5 of 6
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