Madras High CourtWP/34299/2023disposed of

S.Bharath Kumar v. The Director

2023-12-13Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.12.2023

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN S.Bharath Kumar ... Petitioner versus 1.The Director, Adi Dravidar Welfare Department, Government of Puducherry, Puducherry.

2.The Deputy Collector (Revenue) North, No.505, Revenue Complex, Kamaraj Salai, Puducherry - 605 013.

3.The District Registrar, Kamaraj Salai, Shakthi Nagar, Saram, Puducherry - 605 013.

4.The Sub Registrar, Padmini Nagar, Villianur, Puducherry - 605 110.

.....Respondents Pg.Nos.1/5

Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus directing the 1st respondent herein to issue No Objection Certificate to execute a registered document in pursuant to the existing Patta issued on 21.08.1981 to the petitioner's father Late.S.Mani by way of allotment under Welfare for Schedule Caste Scheme, 1981, for all further purposes by considering the petitioner's representation dated 24.03.2023.

For Petitioner :

Mr.D.Sreenivasan For Respondents :

Mrs.V.Usha Additional Government Pleader (Puducherry)

O R D E R

Mrs.V.Usha, learned Additional Government Pleader (Puducherry) accepts notice for the respondents. With the consent of both the parties, this Writ Petition is taken up for final disposal at the admission stage, itself.

2. The petitioner herein has given a representation to the respondents on 24.03.2023, seeking to issue 'No Objection Certificate' to convert the existing Patta issued on 21.08.1981 in favour of the petitioner's father Late.S.Mani by way of allotment under Welfare for Schedule Caste Scheme, Pg.Nos.2/5

1981 into a registered document. Since there was no response from the respondents, the present Writ Petition has been filed by the petitioner.

3. Today, the learned counsel for the petitioner submitted that it would suffice, if a direction is issued to the first respondent to consider the representation of the petitioner dated 24.03.2023.

4. Learned Additional Government Pleader (Puducherry) appearing for respondents submitted that the respondents may be directed to consider the petitioner's representation and pass orders on merits in accordance with law.

5. Having regard to the submissions made by the learned counsel on either side, taking into consideration the limited prayer sought for by the petitioner, without expressing any opinion with regard to the merits of the case, the respondents are directed to consider the representation of the petitioner dated 24.03.2023, and pass appropriate orders, on merits and in accordance with law, after giving notice to the interested parties/rival Pg.Nos.3/5

claimants/adjacent owners, and after conducting enquiry, within a period of two months from the date of receipt of a copy of this order.

6. With the above directions, this Writ Petition is disposed of. However, there shall be no order as to costs. 13.12.2023 Index: Yes/No Speaking Order/Non-Speaking Order ms To 1.The Director, Adi Dravidar Welfare Department, Government of Puducherry,Puducherry.

2.The Deputy Collector (Revenue) North, No.505, Revenue Complex, Kamaraj Salai,Puducherry - 605 013.

3.The District Registrar, Kamaraj Salai, Shakthi Nagar, Saram, Puducherry - 605 013.

4.The Sub Registrar, Padmini Nagar, Villianur,Puducherry - 605 110.

Pg.Nos.4/5

P.VELMURUGAN, J.

ms 13.12.2023 Pg.Nos.5/5