A writ petition under Article 226 seeking a mandate to direct revenue officials to decide a representation concerning land title and remove a name from a Settlement Patta within six weeks after providing an opportunity of hearing.
Direction to the fourth respondent to decide the petition dated 21.06.2018 on merits after a hearing within six weeks.
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W.P. No. 16064 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.04.2021
CORAM
THE HONOURABLE MR.JUSTICE R. SURESH KUMAR
W.P. No. 16064 of 2018 and
W.M.P. No. 19088 of 2018
Jeevanantham ... Petitioner
-vs-
1. The District Collector,
Saram Puducherry,
Pudhucherry State.
2. The Deputy Collector (South),
Villianur,
Puducherry State.
3. The District Registrar (Registration),
Saram Puducherry,
Puducherry State.
4. The Settlement Tashildar,
Saram Puducherry,
Puducherry State.
5. The Thasildar,
Bahoor Taluk,
Puducherry,
Puducherry State.
6. Gobikrishnan Reddiyar ... Respondents
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W.P. No. 16064 of 2018
PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus directing the respondents 1 to 5 to consider the representation of the petitioner dated 21.06.2018 in accordance with law and remove the name of the sixth respondent in the Settlement Patta dated 21.09.2015 by restraining / forbearing the bearing Survey No.333 TER/1 and 333 TER/2/1 situated at No.72, Kirumampakkam Village, Bahoor Commune, Puducherry State.
For Petitioner : Mr.R.Sankarasubbu
For Respondents : Mr.Nambiselvam
Addl. Govt. Pleader (Puducherry)
for R1 to R5
O R D E R
The prayer sought for herein is for a Writ of Mandamus directing
the first to fifth respondents to consider the representation of the
petitioner dated 21.06.2018 in accordance with law and remove the name
of the sixth respondent in the Settlement Patta dated 21.09.2015 by restraining / forbearing the bearing Survey No.333 TER/1 and 333 TER/2/1 situated at No.72, Kirumampakkam Village, Bahoor Commune, Puducherry State.
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W.P. No. 16064 of 2018
2. The petitioner in respect of land at Survey No.333 TER/1 and
333 TER/2/1 situated at No.72, Kirumampakkam Village, Bahoor Commune, Puducherry had given a representation to the respondents especially the fourth and fifth respondents on 21.06.2018 to decide the issue raised therein by giving an opportunity of being heard to both the
petitioner as well as the sixth respondent. As against the sixth respondent only, the said representation was given in respect of the land in question which claimed to be the Panchami land.
3. Since no such orders have been passed and no disposal have been made on the representation of the petitioner dated 21.06.2018, the petitioner has approached this Court by filing the present Writ Petition with the aforesaid prayer.
4. Heard Mr.R.Sankarasubbu, learned counsel appearing for the petitioner, who, by retreating the aforesaid facts, seeks indulgence of this
Court to give a direction by way of mandamus to the official respondents especially the fourth respondent to decide the representation of the
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W.P. No. 16064 of 2018
petitioner dated 21.06.2018 and pass orders thereon on merits and in accordance with law within a time frame that may be stipulated by this Court and in that case, he would be satisfied.
5. On the other hand, Mr.Nambiselvam, learned Additional Government Pleader appearing for the official respondents would submit
that, if at all, the representation of the petitioner dated 21.06.2018 is yet to be disposed of by the respondents especially the fourth respondent, the same would be decided on merits, of course by giving an opportunity of being heard to both the petitioner as well as the sixth respondent within a time frame.
6. There is no representation for the sixth respondent.
7. I have considered the said submissions made by the parties and have perused the materials placed before this Court.
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W.P. No. 16064 of 2018
8. In view of the said stand taken by the official respondents as well as the learned counsel appearing for the petitioner and by taking into account the innocuous nature of the prayer sought for herein, where, a direction is sought for to decide the representation of the petitioner dated
21.06.2018 on merits within a time frame, this Court is inclined to
dispose of the Writ Petition with the following orders:
"That there shall be a direction to the fourth respondent to decide the representation of the petitioner dated 21.06.2018 on merits and in accordance with law of course after giving an opportunity of being heard to both the petitioner as well as the sixth respondent and accordingly, pass final orders thereon within a period of six weeks from the date of receipt of a copy of this order"
9. With these directions, this Writ Petition is disposed of.
However, there shall be no order as to costs. Consequently, connected
Miscellaneous Petition is closed.
07.04.2021
Index: Yes/No Speaking Order: Yes/No vji
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W.P. No. 16064 of 2018
To
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W.P. No. 16064 of 2018
R. SURESH KUMAR, J.
v ji
W.P. No. 16064 of 2018
and
W.M.P. No. 19088 of 2018
07.04.2021
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3 issues framed by the court
Whether the Settlement Tashildar is directioned to decide a representation regarding land title after giving an opportunity of hearing.
Whether the name of a sixth party should be removed from a Settlement Patta.
Whether to grant a specific time frame for the disposal of land representation by revenue authorities.
1 provisions across 1 enactments
Jeevanantham
The District Collector, Saram Puducherry
The Deputy Collector (South), Villianur
The District Registrar (Registration), Saram Puducherry
The Settlement Tashildar, Saram Puducherry
The Thasildar, Bahoor Taluk
R. Suresh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
