Madras High CourtWP/8353/2016disposed of

Mrs.T.Saraswathy, v. The District Collector-North,

2020-02-03Honourable Mr Justice Abdul Quddhose3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.02.2020

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P. Nos.8353 and 8354 of 2016 and WMP No.7409 of 2016 T.Saraswathy

...Petitioner in both W.P.s

Vs 1.The District Collector - North Office of the Collectorate Saram Puducherry - 605 013.

2.The Tahsildar, Oulgaret Commune and Taluk

...Respondents in both W.P.s

Prayer in W.P. No.8353 of 2016 Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus by directing the 1st respondent to pass appropriate orders in the appeals filed by the Petitioner dated 30.12.2015 challenging the Order of the 2nd respondent in its proceedings bearing No.2875/DRDM/FS/LG/2015, dated 10.12.2015,within a specified time.

Prayer in W.P. No.8354 of 2016 Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus by directing the 1st respondent to consider the application filed by the Petitioner under Section 16 (1) of the Pondicherry Settlement Act of 1970 dated 30.12.2015 and pass appropriate orders for including the name of the petitioner in the Revenue Register pertaining to Cadestre No.968, New RS No.92/3, measuring about 40 Ares at No.38, Karuvedikuppam Revenue Village, Paimash No.3149, Oulgaret Commune and Village, Puducherry.

For petitioner : Mr.T.T.Ravichandran For respondents : Mr.Nambi Selvan Additional Govt. Pleader (Pondy) COMMON ORDER W.P. No.8353 of 2016 has been filed for a Mandamus to direct the first respondent to pass appropriate orders in the appeals filed by the petitioner, dated 30.12.2015, challenging the order of the second respondent in its proceedings bearing No.2875/DRDM/FS/LG/2015, dated 10.12.2015, within a stipulated time fixed by this Court. W.P. No.8354 of 2016 has been filed for a mandamus to direct the first respondent to consider the application filed by the petitioner under Section 16(1) of the Pondicherry Settlement Act of 1970, dated 30.12.2015 and pass appropriate orders for including the name of the petitioner in the revenue register pertaining to Cadestre No.968, New RS No.92/3, measuring about 40 Ares at No.38, Karuvedikuppam Revenue Village, Paimash No.3149, Oulgaret Commune and Village,

2. Heard Mr.T.T.Ravichandran, learned counsel for the petitioner and Mr.Nambi Selvan, learned Additional Government Pleader (Pondicherry) for the respondents.

3. The learned Additional Government Pleader (Pondicherry) for the respondents submits that the appeals filed by the petitioner are still pending on the file of the first respondent. He submitted that a direction may be issued to the first respondent to dispose of the appeals filed by the petitioner, within a time frame to be fixed by this Court and also to consider the application filed by the petitioner under Section 16(1) of Pondicherry Settlement Act, 1970 in accordance with law. The learned counsel for the petitioner is agreeable to the said submissions made by the learned Additional Government Pleader for the respondents.

4. Accordingly, this Court directs the first respondent to dispose of the appeals filed by the petitioner as against the order dated 30.12.2015 passed by the second respondent in its proceedings bearing No.2875/DRDM/FS/LG/2015, dated 10.12.2015 and also to dispose of the application filed by the petitioner under Section 16(1) of the Pondicherry Settlement Act, and pass final orders on merits and in accordance with law after giving sufficient opportunity to the petitioner as well as any other necessary party for effective adjudication of the dispute, within a period of twelve weeks from the date of receipt of a

copy of this order

5. With the aforesaid directions, both these writ petitions are disposed of.

No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar vsi2 To 1.The District Collector - North Office of the Collectorate Saram Puducherry - 605 013.

2.The Tahsildar, Oulgaret Commune and Taluk +1cc to Government Pleader of Puducherry, Sr.No.8054 W.P. Nos.8353 and 8354 of 2016 SSI(CO) GS(02/06/2020)