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Madras High CourtWP/23870/2023disposed of

R.Saraswathy v. The District Collector

2023-11-16Honourable Mr Justice P. Velmurugan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.11.2023 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN R.Saraswathy ... Petitioner in Both Writ Petitions Vs.

1. The District Collector Karaikal District Karaikal, Puducherry

2. The Tahsildar Thirunallar Sub Division, Karaikal District, Puducherry.

... Respondents in W.P.No.23870 of 2023

1. The District Collector Karaikal District Karaikal, Puducherry

2. The Tahsildar Thirunallar Sub Division, Karaikal District, Puducherry.

3. The Deputy Tahsildar Branch survey office, Settlement Section, Karaikal, Puducherry.

... Respondents in W.P.No.23871 of 2023 1/6

Prayer in W.P.No.23870 of 2023: Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Mandamus directing the respondents to consider the petitioner's representation dated 03.08.2022 and issue patta in the name of the petitioner for the property situated at RS No.69/5, 79/4, 112/1, Thiruvallur Sub Division, Karaikal District. Prayer in W.P.No.23871 of 2023: Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Mandamus directing the respondents herein to enquire and carry out corrections in the revenue records in RS No.163/7, Cadastre No.420 in a time bound manner and issue patta to the petitioner.

For Petitioner in Both W.Ps., : Mr.A.Rajarajan For Respondents in Both W.Ps., : Mr.Ramaswamy Meyyappan Government Advocate (Pondicherry)

ORDER

The Writ Petition in W.P.No.23870 of 2023 is filed seeking a writ of Mandamus directing the respondents to consider the petitioner's representation dated 03.08.2022 and to issue patta in the name of the petitioner for the property situated at RS No.69/5, 79/4, 112/1, Thiruvallur Sub Division, Karaikal District.

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2. The Writ Petition in W.P.No.23870 of 2023 is filed seeking a writ of Mandamus directing the respondents to enquire and carry out corrections in the revenue records in RS No.163/7, Cadastre No.420 in a time bound manner and to issue patta to the petitioner.

3. Today, when the matter is taken up for hearing, the learned counsel for the petitioner submitted that it would suffice, if a direction is issued to the respondents to consider and pass orders on the petitioner's representations dated 03.08.2022 and 07.11.2022 within a stipulated time as may be fixed by this Court.

4. Mr.Ramaswamy Meyyappan, learned Government Advocate (Pondicherry) who takes notice for the respondents submitted that the respondents may be directed to consider the petitioner's representations and pass orders on merits and in accordance with law.

5. Having regard to the submissions made by the learned counsel on either side, taking into consideration the limited prayer sought for by the petitioner, without expressing any opinion with regard to the merits of the case, this Court directs the respondents to consider the petitioner's 3/6

representations dated 03.08.2022 and 07.11.2022 and pass orders on merits and in accordance with law, after giving notice and opportunity of hearing to the petitioner as well as all the interested parties/rival claimants, if any, within a period of three months from the date of receipt of a copy of this order.

6. With the above directions, this Writ Petitions are disposed of. There shall be no order as to costs.

16.11.2023 ksa-2 Index : Yes / No Speaking Order : Yes / No 4/6

To

1. The District Collector Karaikal District Karaikal, Puducherry

2. The Tahsildar Thirunallar Sub Division, Karaikal District, Puducherry.

3. The Deputy Tahsildar Branch survey office, Settlement Section, Karaikal, Puducherry.

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P.VELMURUGAN. J.

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