M.Seenu @ Natarajan v. The Union Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.11.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI And W.M.P.No.3811 of 2017 M.Seenu @ Natarajan ... Petitioner Vs.
1.The Union of India Rep. by its Secretary, Govt. of Puducherry, Chief Secretariat, Goubert Avenue, Puducherry.
2.The Deputy Collector (Revenue) North, O/o.The Deputy Collector (Revenue) North, Saram, Pondicherry.
3.The Sub - Registrar, Oulgaret, Pondicherry.
... Respondents Prayer:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records of the second respondent pertaining to his letter dated 29.08.2016 vide No.5077/DC(R) N/REV/C2/GLR/2016/1989 and quash the same as illegal and further direct the second and third respondents to provide 1/5
guideline value of the petitioner's property situated at Village No.35 at Oulgaret Village, land measuring 13000 sq.ft. consists of Plot Nos.4, 5, 6, 7, 8, 9, 10, 11, 12 and 13 and land measuring 6400 sq.ft. consists of Plot Nos.25, 26, 27 and 28 comprised in Survey No.230/2 corelating to Cadastre No.1122 and 1122 Bis so as to enable the petitioner to convey / mortgage the property. For Petitioner : Mr.R.Sreedhar For Respondents : Mr.J.Kumaran Additional Government Pleader for Puducherry
O R D E R
The petitioner has filed this writ petition seeking issuance of Writ of Certiorarified Mandamus calling for the records of the second respondent pertaining to his letter dated 29.08.2016 vide No.5077/ DC(R) N/REV/C2/GLR/2016/1989 and quash the same as illegal and further direct the second and third respondents to provide guideline value of the petitioner's property situated at Village No.35 at Oulgaret Village, land measuring 13000 sq.ft. consists of Plot Nos.4, 5, 6, 7, 8, 9, 10, 11, 12 and 13 and land measuring 6400 sq.ft. consists of Plot Nos.25, 26, 27 and 28 comprised in Survey No.230/2 co-relating to Cadastre No.1122 and 1122 Bis so as to enable the petitioner to convey / mortgage the property.
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2.Though the petitioner has filed this writ petition seeking a larger relief, the learned counsel appearing for the petitioner now submitted that it would suffice, if this Court issues direction to the respondents to conclude the land reform proceedings, so as to enable the petitioner to deal with the property, since the land in Plot Nos.4, 5, 6, 7, 8, 9, 10, 11, 12 and 13 and Plot Nos.25, 26, 27 and 28 comprised in Survey No.230/2 is coming under the retention portion of the land.
3.The learned Additional Government Pleader (Puducherry) appearing for the respondents submitted that the land reform proceedings will be concluded, within a period of twelve weeks from the date of receipt of a copy of this order, based on the statement issued under Section 11 of the Act.
4.Considering the fact that though the final statement under Section 11 of the Act was issued in the year 2008, even after lapse of more than a decade, the land reform proceedings has not yet been concluded, this Court, without interfering with the order impugned in this writ petition issues direction to the respondents to conclude the land reform proceedings initiated against the petitioner, within a period 3/5
of twelve weeks from the date of receipt of a copy of this order. If the land in Plot Nos.4, 5, 6, 7, 8, 9, 10, 11, 12 and 13 and Plot Nos.25, 26, 27 and 28 comprised in Survey No.230/2 is coming under the retention portion, the respondents shall fix the guideline value so as to enable the petitioner to deal with the property. 5.The writ petition is accordingly disposed of. No costs. Consequently, connected miscellaneous petition is closed. 14.11.2022 pri Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No To 1.The Union of India Rep. by its Secretary, Govt. of Puducherry, Chief Secretariat, Goubert Avenue, Puducherry.
2.The Deputy Collector (Revenue) North, O/o.The Deputy Collector (Revenue) North, Saram, Pondicherry.
3.The Sub - Registrar, Oulgaret, Pondicherry.
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M.DHANDAPANI,J.
pri And W.M.P.No.3811 of 2017 14.11.2022 5/5