R.Counassegarane v. The Sub Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:05.08.2025

CORAM

THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ W.P.No.27787 of 2025 R. Counassegarane

...Petitioner

Vs The Sub Collector, (Revenue), South, Villianur, Puducherry ... Respondent PRAYER: This Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the respondent herein to consider the representation of the petitioner dated 02.04.2024 and to fix the guideline value of the petitioner's property comprised in Re-Survey Nos.81/3 and 83/8, Cadastre Nos.1035/1/2, 1036/1/2/2, 1036/1/1, 1036/2, 1037/1/3,1008/2/2 ad-measuring an extent of 58 kuli or 19.17 cents situate at Thondamanatham Village, Villianur SRO, Puducherry Registration District.

For Petitioners : Mr. Kaviveerappan For Respondent : Mr. V. Vasantha Kumar, AGP (Puducherry)

ORDER

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By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.

2. The petitioner has filed the present writ petition seeking a direction to the respondent herein to fix the guideline value of the petitioner's property comprised in Re-Survey Nos.81/3 and 83/8, Cadastre Nos.1035/1/2, 1036/1/2/2, 1036/1/1, 1036/2, 1037/1/3,1008/2/2 admeasuring an extent of 58 kuli or 19.17 cents situate at Thondamanatham Village, Villianur SRO, Puducherry Registration District by considering his representation dated 02.04.2024 .

3. At the outset, learned Addl. Govt. Pleader appearing for the respondent submitted that on the basis of instructions recieved from the Government of Puducherry, Office of the Deputy Collector (Revenue) South, Villianur, in terms of provisions of the Puducherry Land Reforms (Fixation of Ceiling on Land) Act, 1973 any transaction involving lands held after the appointed day i.e, 24.01.1971 was considered invalid and the subject property of the writ petition was reportedly purchased by the grandfather of petitioner herein from one Duraisamy Reddiar on 12.07.1972, i.e., after the appointed day under the Act and in view of the 2/5

above fact, since the transaction itself is invalid, the question of fixation of guideline land rate in respect of the subject property will not arise.

4. In any event, he would submit that the petitioner's representation would be considered and appropriate orders would be passed after affording the petitioner an opportunity of hearing within a time frame to be fixed by this Court, which was agreed to by the learned counsel for the petitioner.

5. In view of the same, taking into consideration the facts and circumstances of the case and the limited relief sought for in this Writ Petition, there shall be a direction to respondent to consider the representation dated 02.04.2024 on its own merits and pass appropriate orders in accordance with law, after affording a reasonable opportunity of hearing to the petitioner and any other interested persons/stake holders, including rival claimants, if any, within a period of sixteen (16) weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any views with regard to the merits of the case and it is open to the concerned respondent to consider the representation on its own merits and in accordance with law. Rights and contentions of 3/5

the petitioner and all other interested parties are left open. .

6. With the above direction, this Writ Petition is disposed of. No costs.

05.08.2025 msr Index : Yes/No Internet: Yes/No To The Sub Collector, (Revenue), South, Villianur, Puducherry MOHAMMED SHAFFIQ, J.

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