Sri Ambalathadum Swamigal Madam v. The Settlement Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.10.2022

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI Sri Ambalathadum Swamigal Madam No.58, Ambalathadiyar Madam Street Pondicherry - 605 001 Represented by 33, Pattathu Madathipathi Sri La Sri Kanagasabai Swamigal .. Petitioner

Versus

1.The Settlement Officer Karaikal Union Territory of Puducherry

2. The Tahsildar Karaikal Union Territory of Puducherry

3. The Specified Officer Settlement Wing (Settlement Branch Office) Taluk Office Karaikal Union Territory of Puducherry .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 3rd respondent to complete the proceedings in No.1880 of 2002 and to issue patta in R.S.No.103/98, 103/99, 103/100 at Sri Rajacholeswaramudaiyar East Street, Thirumalai Pattinam in the name of the petitioner's mutt. For Petitioner : Mr.P.Kannan Kumar For Respondents : Mr.J.Kumaran Additional Government Pleader 1/4

ORDER

This writ petition is filed seeking for the issuance of Writ of Mandamus to direct the the 3rd respondent to complete the proceedings in No.1880 of 2002 and to issue patta in R.S.No.103/98, 103/99, 103/100 at Sri Rajacholeswaramudaiyar East Street, Thirumalai Pattinam in the name of the petitioner's mutt.

2.The case of the petitioner is that it is a madam situated in Survey Nos.103/100 and 103/98 existing for more than 400 years and inside the premises of the madam, there is temple called Aayeramkaliamman. While so, during the year 2003, in the settlement register, the Survey No.103/98 was entered as present Trustee of Aayeramkaliamman Temple instead of Sri Ambalathadum Swamigal Madam. Aggrieved, the petitioner madam filed S.P.No.730 of 2002 before the first respondent praying to change the name and P.R.O.No.1880 of 2022 before the third respondent, which is pending for attaining finalty. It is to be noted that the petitioner madam had filed a petition under Section 23 of the Settlement Act, 1972 before the first respondent on 17.08.2011 for fixing an early date of hearing. However, the same is pending without consideration till date. Hence, this petition.

3. The learned counsel for the petitioner seeks this Court for issuance of 2/4

direction for the third respondent to conclude the proceedings in P.R.O.No.1880 of 2022 within a reasonable time as fixed by this Hon'ble Court.

4. Heard the learned Additional Government Pleader appearing for the respondents and perused the materials available on record.

5. Considering the limited relief sought for by the petitioner, this Court directs the third respondent to conclude the proceedings in in P.R.O.No.1880 of 2022, pass orders on merits and in accordance with law, after providing opportunity of hearing to the petitioner well as any other interested parties, within a period of twelve weeks from the date of receipt of copy of this order.

6. With the above direction, this writ petition is disposed of. No costs. 18.10.2022 dhk Index:Yes/No Internet: Yes/No M. DHANDAPANI, J.

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dhk To 1.The Settlement Officer Karaikal Union Territory of Puducherry

2. The Tahsildar Karaikal Union Territory of Puducherry

3. The Specified Officer Settlement Wing (Settlement Branch Office) Taluk Office Karaikal Union Territory of Puducherry W.P.No.27772 of 2022 18.10.2022 4/4