R.Sadhasivam v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.12.2023

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN R.Sadhasivam ... Petitioner versus 1.The Union of India, Rep.by the Chief Secretary to Government of Puducherry, Puducherry.

2.The Director, Directorate of Survey and Land Records, Government of Puducherry, Puducherry.

3.The Tahsildar, Bahoor, Puducherry.

4.The Settlement Officer - II, Director of Survey and Land Records, Puducherry.

.....Respondents Pg.Nos.1/6

Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to consider and pass appropriate orders on the petitioner's representation dated 07.02.2014 in connection with transfer of patta within time frame that may be fixed by this Court.

For Petitioner :

Mr.Prakash Adiapadam For Respondents :

Mrs.V.Usha Additional Government Pleader (Puducherry)

O R D E R

This Writ Petition has been filed seeking for issuance of Writ of Mandamus, directing the respondents to consider the representation of the petitioner dated 07.02.2014, within a time frame as fixed by this Court.

2. The case of the petitioner is that his great grandfather Thadavaraya Cavoundar purchased the subject properties in R.S.No.102/2 in Patta No.217 ad-measuring 1 Hectare and 54 Are and R.S.No.102/3 in Patta No.217 ad-measuring 39 Are, totally 1 Hectare 93 Ares, by virtue of registered Sale Deed dated 01.10.1951, registered as R.V.No.45, Document Pg.Nos.2/6

No.7 from one Muthu Cavoundar. Thereafter, the subject properties had been succeeded by his son Sengeni, who is the grandfather of the petitioner herein and they are in peaceful possession and enjoyment of the subject properties. While so, during the course of re-survey, the second respondent had mistakenly entered the name of one Raguraman and issued Patta in his favour in respect of the subject properties, which is contrary to the title deeds pertaining to the above said properties. Hence, the petitioner has given a representation dated 07.02.2014 to the second respondent, in and by which, he sought to restore the Patta in the name of the petitioner's grandfather in respect of the subject properties. Since there was no response from the respondents, the present Writ Petition has been filed.

3. Today, when the matter is taken up for hearing, the learned counsel for the petitioner submitted that during the pendency of this Writ Petition, the petitioner has received notice from the fourth respondent for enquiry.

4. In view of the above submission made by the learned counsel for the petitioner, this Court, without going into the merits of the case, directs Pg.Nos.3/6

the fourth respondent to conduct the enquiry and pass appropriate orders on merits and in accordance with law, after affording an opportunity to the petitioner and rival claimants/interested parties, within a period of two months from the date of receipt of a copy of this order.

5. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs.

19.12.2023 Index: Yes/No Speaking Order/Non-Speaking Order ms Pg.Nos.4/6

To 1.The Chief Secretary to Government of Puducherry, Union of India, Puducherry.

2.The Director, Directorate of Survey and Land Records, Government of Puducherry, Puducherry.

3.The Tahsildar, Bahoor, Puducherry.

4.The Settlement Officer - II, Director of Survey and Land Records, Puducherry.

Pg.Nos.5/6

P.VELMURUGAN, J.

ms 19.12.2023 Pg.Nos.6/6