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Madras High CourtCRL RC/1669/2025dismissed

Vijayakumar v. The Director,

2025-09-15Honourable Mrs.Justice T.V.Thamilselvi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.09.2025

CORAM:

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI Crl.R.C.No.1669 of 2025 and Crl.M.P.No. 17019 of 2025 Vijayakumar ... petitioner Vs.

1. The Director, Directorate of Survey and land records, Puducherry.

2. Thiru.Suresh Kumar

3. G. Revathi

4. The Sub Divisional Magistrate ( South), Vilianur, Puducherry ... Respondent PRAYER : This petition is filed under Section 438 r/w 42 of BNSS Act to set aside the order dated 20.08.2025 in M.C.No.255 of 2025 passed by the Hon'ble Sub Divisional Magistrate ( South) Villianur and pass orders For petitioner : Mr.M Gnanasekar For Respondent : Mr. N. Vjay Raj

O R D E R

This appeal is filed to set aside the order dated 20.08.2025 in M.C.No.255 of 2025 passed by the Sub Divisional Magistrate ( South) Villianur.

2. The case of the petitioner is that the petitioner was assigned a free house site patta in R.S.No.288/4 of Village No.74, Seliamedu Revenue Village measuring to an extent of 00.00.17 hec. Vide LGRNo.923/2015 on 18.02.2016 by the Government of Puducherry subject to specific conditions including he construction of a residential house within six months from the date of such assignment. But the conditions of assignment were not complied by the beneficiary, hence the Directorate of Survey and Land Records, Government of Puducherry by its proceedings No.S.P.No.7327/DOS/ST-II/Ri (i)/2025 dated 25.07.2025 has cancelled the said assignment patta. When this being the case the first respondent has passed the present impugned order on 20.08.2025, wherein it was stated that the petitioner should not put up any construction in the subject property. Challenging the same, the petitioner has come up with this petition.

3. On a perusal of impugned order it is seen that they have clearly

stated that the petitioner shall be restrained from undertaking any construction till the final outcome of the orders passed in W.P.No.25095 of 2025.

4. Hence, this Court is not inclined to go into merits of the case as the subject matter of this petition has to be decided only after the final orders passed in W.P.No.25095 of 2025. Accordingly, this petition is dismissed. Consequently the connected miscellaneous petition is closed. However, the petitioner is at liberty to work out the remedy in W.P.No.25095 of 2025.

15.09.2025 Index:Yes/No Speaking/non Speaking order Neutral Case citation: yes/no smn To

1. The Director, Directorate of Survey and land records, Puducherry.

2. The Sub Divisional Magistrate ( South), Vilianur, Puducherry T.V.THAMILSELVI , J.

smn Crl.R.C.No.1669 of 2025 and Crl.M.P.No. 17019 of 2025 15.09.2025