E.Muthuaman v. The Chief Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.06.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ E.Muthuaman : Petitioner Vs.
1.The Chief Secretary to Government, (Welfare) Government of Puducherry, Puducherry 605 001 2.The District Collector, Department of Revenue & Disaster Management, Government of Puducherry, Puducherry 605 008 3.The Director, Adi Dravidar Welfare Department, Government of Puducherry Thattanchavady, Puducherry 605 009 4.The Director, Department of Survey & Land Records, Government of Puducherry, Puducherry : Respondents 1/6
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus directing the 4th respondent herein to consider the petitioner's representation dated 09.01.2023 within the stipulated time framed by this Court and consequently direct the 4th respondent to measure the said LGR Patta through the official of the 4th respondent and to lay stones by earmarking the two separate portion of the said LGR Patta so as to have proper passage to the petitioner's house located in the rear portion. For Petitioner : Mr..S.Vijayakumar For Respondents : Mr.V.Vasnathakumar, Additional Government Pleader, (Puducherry), for respondents 1 to 4
ORDER
By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.
2. The present writ petition is filed praying for a writ of Mandamus to direct the fourth respondent herein to consider the petitioner's representation dated 09.01.2023 within the stipulated time framed by this Court and consequently direct the fourth respondent to measure the said LGR Patta through the official of the 4th respondent and to lay stones by earmarking the two separate portion of the said LGR Patta so as to have proper passage to the petitioner's house located in the rear portion.
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3. It is submitted by the learned counsel for the petitioner that a land comprised in S.No.163/31 (N), measuring an extent of 0.01.48 hectares, situated at Village No.36, Reddiyarpalayam, Puducherry was alloted to petitioner's father and his brother, Vaithiyanathan vide LGR Patta dated 19.06.1978 in L.G.R. No.305-N by the Government. After their demise, petitioner and Selvam have been in continuous possession of the subject property by making two portion of the said LGR patta i.e. front portion is taken by said Selvam and rear portion is taken by the petitioner as per the unregistered partition deed dated 27.07.1985. While so, the said Selvam, while constructing in the front portion of the subject property, made hindrance to the petitioner's rear portion of the subject property. Hence the petitioner submitted a representation dated 09.01.
2023 before the respondents to measure the said LGR patta and to lay stones by earmarking the two separate portion of said LGR patta, so as to have proper passage to petitioner's house located in the rear portion and paid necessary charges. However, the said representation has not been considered so far. Hence, the petitioner has filed the present writ petition.
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4. On this being pointed out, the learned Additional Government Pleader would submit that when they attempted to measure the subject property, there was resistance by Selvam. It was submitted that they would consider the petitioner's representation dated 09.01.2023 and conduct an enquiry after issuing notice to the petitioner, Selvam and any other interested parties and if need arises, they may also take police protection from the jurisdictional police station and complete the process within a time frame to be fixed by this Court, which was agreed to by the learned counsel for the petitioner.
5. In view thereof, there shall be a direction to the fourth respondent to consider the petitioner's representation dated 09.01.2023 and conduct an enquiry after issuing notice to petitioner, Selvam, adjacent land owners and other interested parties including rival claimants if any, and measure the said LGR patta and lay stones by earmarking the two separate portion of said LGR patta. The above exercise shall be completed within a period of 8 weeks from the date of uploading of the web copy without waiting for the receipt of certified copy. If need arises, it is open to the respondents to take police protection from the jurisdictional police station. It is made clear that this Court has not expressed any views with regard to 4/6
the merits of the case and it is open to the concerned respondent to consider the case on its own merits and in accordance with law.
6. Accordingly, this writ petition stands disposed of. No costs. 27.06.2025 Speaking (or) Non Speaking Order mrn To 1.The Chief Secretary to Government, (Welfare) Government of Puducherry, Puducherry 605 001 2.The District Collector, Department of Revenue & Disaster Management, Government of Puducherry, Puducherry 605 001 3.The Director, Adi Dravidar Welfare Department, Government of Puducherry Thattanchavaddy, Puducherry 605 009 4.The Director, Department of Survey & Land Records, Government of Puducherry, Puducherry 5/6
MOHAMMED SHAFFIQ, J.
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