K.Pandurangan v. The Union Territory Of Puducherry
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.11.2023
CORAM
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY K.Pandurangan : Appellant versus 1.The Union Territory of Puducherry, rep. By its Secretary, Department of revenue, Chief Secretariat, Puducherry 2.The Secretary (Revenue), Revenue Department, Saram, Puducherry 3.The District Collector, Government of Puducherry, Puducherry 4.The Deputy Collector (Revenue) (South) Revenue Department, Saram Puducherry 5.The Revenue Officer, Puducherry : Respondents Prayer: Writ appeal filed under Clause 15 of the Letters Patent against the order of the learned Single Judge dated 25.08.2021 in WP No.13337 of 2011. For the Appellant :
Mr.K.P.Chandrasekaran For the Respondents :
Mr.V.Vasantha Kukmar, Additional Government Pleader
JUDGMENT
(Made by the Hon'ble Chief Justice) We have heard Mr.K.P.Chandrasekaran, learned counsel for the appellant and Mr.V.Vasantha Kumar, learned Additional Government Pleader for the respondents.
2. The appellant is challenging the order of the learned Single Judge dismissing the writ petition filed by him. According to the appellant, the appellant is entitled for patta of the subject land, and he is in possession of the land for the past fifty years.
3. The learned counsel for the respondents submits that the land is an objectionable poromboke. As per Rule 31 of the Land Grant Rules, 1975, patta cannot be granted to such land.
4. The learned Single Judge has dismissed the writ petition replying upon Rule 31 of the Land Grant Rules, 1975.
5. In view of the above, we do not find any reason to interfere with the order of the learned Single Judge. The writ appeal is
dismissed. There will be no order as to costs. Consequently, CMP Nos.15830 and 15831 of 2022 are closed.
6. It is submitted that the appellant had filed a suit. Though it was dismissed by the appellate court, second appeal has been filed before this Court. The second appeal was admitted and interim relief is granted to the appellant. If in case the second appeal is allowed, then the appellant may approach the authorities for suitable action, in tune with the judgment delivered in the second appeal. (S.V.G., CJ.) (D.B.C., J.) 02.11.2023 Index : Yes/No : Yes/No tar To 1.The Secretary, Department of revenue, Chief Secretariat, Puducherry 2.The Secretary (Revenue), Revenue Department, Saram, Puducherry 3.The District Collector, Puducherry 4.The Deputy Collector (Revenue) (South) Revenue Department, Saram Puducherry 5.The Revenue Officer, Puducherry
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.
(tar) 02.11.2023