N.Jayaraman v. The Director Of Survey

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.03.2024

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.P.No. 33935 of 2023 and W.M.P.No.33827 of 2023 N.Jayaraman ... Petitioner versus 1.The Director of Survey, Directorate of Land and Survey, Revenue Department, Government of Puducherry, Saram, Puducherry.

2.Alagappan 3.Vadivelu ... Respondents Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing the first respondent to consider the petitioner's representation dated 19.09.2023 for cancellation of Patta vide M.V.P.2/2022 dated 09.02.2022 issued in favour of Alagappan son of Rajagopal @ Pavadai.

For Petitioner :

Mr.K.Shyam Sunder For Respondents :

Mrs.V.Usha Additional Government Pleader (Pondicherry) for R1 Pg.Nos.1/5

R2 & R3-Tapal returned as no such persons

O R D E R

This writ petition has been filed seeking for issuance of a writ of mandamus, directing the first respondent to consider the petitioner's representation dated 19.09.2023, in and by which, he sought for cancellation of Patta vide M.V.P.2/2022 dated 09.02.2022 issued in favour of Alagappan S/o. Rajagopal @ Pavadai.

2. Today, when the matter was taken up for hearing, the learned Additional Government Pleader (Pondicherry) appearing for first respondent submitted that based on the representation dated 19.09.2023, the first respondent has already served summon dated 21.11.2023 to the petitioner and the second respondent herein for enquiry on 07.12.2023. The petitioner also participated in the enquiry and submitted his objections and final order is yet to be passed.

3. Heard the learned counsel for the petitioner and the learned Additional Government Pleader (Pondicherry) appearing for the first Pg.Nos.2/5

respondent and perused the materials available on record. Notice served to respondents 2 and 3 was returned with an endorsement 'No such Persons'.

4. The present writ petition has been filed to consider the representation of the petitioner dated 19.09.2023. From the submissions made by the learned Additional Government Pleader (Pondicherry), it is seen that pending writ petition the first respondent has already conducted an enquiry, the petitioner and the second respondent herein also participated in the enquiry and the petitioner also submitted his objections and final order is yet to be passed.

5. In view of the above, this writ petition is dismissed, however, with a direction to the first respondent to pass final orders on merits and in accordance with law. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

05.03.2024 Index: Yes/No Speaking Order : Yes/No ms Pg.Nos.3/5

To The Director of Survey, Directorate of Land and Survey, Revenue Department, Government of Puducherry, Saram, Puducherry.

Pg.Nos.4/5

P.VELMURUGAN, J.

ms 05.03.2024 Pg.Nos.5/5