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Madras High CourtWP/33103/2024disposed of

A.Victoria v. The Chief Secretary

2024-11-13Honourable Ms. Justice P.T. Asha4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.11.2024

CORAM

THE HON'BLE Ms. JUSTICE P.T.ASHA A.Victoria ... Petitioner -vs1.

The Chief Secretary Government of Union Territory of Puducherry The Chief Secretariat Puducherry.

The District Collector Karaikal, UTI of Puducherry.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Respondent to pass an order in the Statutory Revision dated 30.01.2024 which was preferred by the Petitioner under Section 22 of Puducherry Settlement Act, 1970 against the order dated 05.01.2024 passed by the District Collector, Karaikal. For Petitioner : Mr.D.Sathiyaseelan For Respondents : Mr.Rameswamy Meyyappan, GA(P) (RR1&2) 1/4

O R D E R

This writ petition is filed for a direction to the Respondents to pass an order in the Statutory Revision dated 30.01.2024, which was preferred by the Petitioner under Section 22 of Puducherry Settlement Act, 1970 against the order dated 05.01.2024 passed by the District Collector, Karaikal. Aggrieved over an order dated 16.05.2019 passed by the Tahsildar, Thirunallar, Karaikal District, the petitioner has preferred a Statutory Appeal before the District Collector /Appellate Authority, Karaikal challenging the same and requesting appropriate orders for transferring Patta in her favour. Since the Appellate Authority was dragging his feet on this issue, the petitioner had moved this Court in W.P. No. 35700 of 2023 and by order dated 06.12.

2023, this Court while directing the District Collector to hear and pass orders on the petitioner's Statutory Appeal within a period of four weeks and had imposed a cost of Rs.1,00,000/- since the District Collector had failed to discharge his statutory duty as the Appellate Authority. Thereafter, on 05.01.2024, the District Collector had rejected the appeal. Challenging the said order, a revision was preferred to the first respondent by the petitioner on 30.01.2024, which is also not even taken up for enquiry. Therefore,the petitioner is before this Court.

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3.

Considering the fact that the statutory revision, which had been filed on 30.01.2024, has not even been taken up for enquiry by the first respondent, a mandamus is issued to the first respondent to conclude the enquiry, after hearing all the parties concerned and affording them a personal hearing and pass orders within a period of two months from the date of receipt of a copy of this order.

4.

With the above direction, the writ petition is allowed. No costs. 13.11.2024 Index: Yes/No NCC: Yes/No Maya To 1.

The Chief Secretary Government of Union Territory of Puducherry The Chief Secretariat Puducherry.

The District Collector Karaikal, UTI of Puducherry.

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P.T.ASHA, J.

Maya 13.11.2024 4/4