K.Muruganatham @ v. The Authorised Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.04.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.NOS.15011 AND 15012 OF 2014 AND M.P.NO.1 OF 2014 (IN BOTH PETITIONS) 1.K.Murugananatham @ Kalimuthu
...Petitioner in W.P.No.15011/2014
2.K.Savithari (died)
...Petitioner in W.P.No.15012/2014
K.Kalimuthu (L.R of the deceased writ petitioner in W.P.No.15012/2014, is impleaded vide order dated 25.04.2022 in W.M.P.No.19274 of 2021) Vs.
1.The Authorised Officer (Land Reforms) cum Deputy Collector (Revenue) Karaikal, Puducherry.
2.The Sub Collector (Revenue), Karaikal, Puducherry.
...Respondents in both petitions
Prayer in W.P.No.15011/2014 : This Writ Petition filed under Section 226 of Constitution of India, pleased to issue a Writ of Mandamus directing the respondents herein to release the lands of the petitioner situated in R.S.No.230/4A (O.S.No.821/1Pt) R.S.No.230/4B (O.S.No.821/1Pt) R.S.No.242/4A (O.S.NO.707/1) R.S.No.242/B (O.S.No.707/2) and further extent of land situated in R.S.No.239/7A (O.S.No.721/1) and R.S.No.239/7B (O.S.No.721/2) except land situated in R.S.No.230/3A & 3B (O.S.No.821/2) for an exent of 0.45.00 hectares from the land ceiling proceedings of Thiru.S.Panchanathan Pillai and by removing the caption land ceiling of those lands and to fix G.L.R. Value of the same. Prayer in W.P.No.15012/2014 : This Writ Petition filed under Section 226 of Constitution of India, pleased to issue a Writ of Mandamus directing the respondents herein to release the lands of the petitioner situated at R.S.No.199/1A, which is form part
of O.S.No.117/1 117/4B/2A/1 117/4B/2A/2 117/4B/3A Part 117/4B/1B/B/B 117/1B/B-A 117/4B/1B/B-C at No.8 Puthakudi Village, Nedukadu combune , Karaikal, except for an extent of 0.61.00 situated at O.S.No.117/4A and to issue direction to fix G.L.R. Value for the said lands.
For Petitioner in both petitions :
Mr.N.Thiagarajan For Respondents in both petitions :
Mr.J.Kumaran Additional Government Pleader COMMON ORDER This petition has been filed for issuance of writ of Mandamus to direct the respondents herein to release the lands of the petitioner situated in and to issue direction to fix G.L.R. Value for the said lands.
2. The case of the petitioner is that the petitioners' father had purchased the above extent of lands from their vendors and from the date of purchase, their father and his predecessors in title are in possession of the lands and after the death of the petitioner's father, by way of release deeds dated 06.08.2012, executed by his mother and sister (Petitioner in W.P.No.15012/2014), in favour of the petitioner in W.P.No.15011/2014, became absolute owner of the property. While so, when he applied for change of revenue records, to his shock and surprise, it came to his knowledge that the said lands are notified as 'O' value in pursuant to the land ceiling proceedings initiated under the Pondicherry Land Reforms (Fixation of Ceiling on land) Act, 1973, against the holding of Thiru.S.S.
Panchanatham Pillai, one of the vendor of the petitioners' father, as he was having an extent of 5.9364 hectares, more than ceiling limit. After repeated requests, the petitioners restricted their claim in accordance with draft statement issued as early as in the year 1976 and 2001, by representation dated 25.11.2013, pointing out that out of the lands purchased and acquired by their father, as stated supra only one land situated in O.S.No.821/2, for an extent of 0.45.00 hectares shown as surplus from the holding of erstwhile owner and thereby requested the 1st respondent to remove the remaining lands from the caption 'land ceiling' in all revenue records and further requested to fix G.L.R value for the said lands. Since the said representation has not been considered by the official respondents, the petitioners are before this Court.
3. The learned counsel appearing for the petitioners submitted that it would suffice if this Court issues direction
to the 2nd respondent to pass appropriate orders on the petitioners' application dated 25.11.2013, within a reasonable time as fixed by this Court.
4. The learned Additional Government Pleader (Puducherry) has no serious objections for the said order being passed.
5. Considering the facts and circumstances of the case, this Court without going into the merits of the claim projected by the petitioners, directs the 2nd respondent to pass appropriate orders on the petitioners representation dated 25.11.2013, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.
6. These Writ Petitions are disposed of with the above observations. No costs. Consequently connected miscellaneous petitions are closed.
Sd/- Assistant Registrar(CS-III) // True Copy // Sub Assistant Registrar sk To 1.The Authorised Officer (Land Reforms) cum Deputy Collector (Revenue) Karaikal, Puducherry.
2.The Sub Collector (Revenue), Karaikal, Puducherry.
+2cc to Mr.N.Thiagarajan, Advocate Sr.No.28261 +1cc to the Government Pleader Sr.No.28136 W.P.Nos.15011 and 15012 of 2014 JPL(CO) RVM(02/06/2022)