The central legal point established in the judgment is the application of procedural laws such as the Indian Evidence Act, Civil Procedure Code, and Puducherry Settlement Rules in property dispute proceedings.

1. Writ Petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorati calling for the records of the first Respondent dated 18. 2008 in Proceedings No.6097/B2/Rev/2008 in No.10059/B2G/Rev/2006 and quash the same.

Petitioner seeks Writ of Certiorari to quash the Proceedings of the 1st Respondent in No.6097/B2G/Rev/2008 in No.10059/B2G/Rev/2006 dated 12.08.2008 and to issue appropriate directions.

2. Briefly stated case of the Petitioner is as follows:-

(i) The dispute relates to the property Punja land in Cad No.1387 part and 1375 part, R.S.No.65/1B in No.38, Pakkumudiyanpet, Saram Revenue village, Oulgaret Commune Panchayat limits, Puducherry of an extent of 48 Kuzhies with brick built RCC terraced building thereon. The said property originally belonged to one Chinnathambi Gramany and by virtue of a Gift deed dated 15.09.1926, donee Ramalinga Gramany became the absolute owner. The said Ramalinga Gramany had executed a Will dated 02.04.1970 and bequethed his properties in favour of his daughter Govindammal. The said Govindammal had executed a sale deed dated 30.04.1979 and is said to have sold the property to Petitioners mother Mangaiyarkarasi. It is the further case of the Petitioner that his mother Mangaiyarkarasi executed a settlement deed dated 26.02.1984 and settled the property in favour of the Petitioner. Mutuation was also effected and the Petitioner claim to be in possession and enjoyment of the property.

(ii) Petitioner has further averred that 2nd Respondent has no right or interest in the subject property and is attempting to get change of revenue registry in his name with the collusion of the officials. Petitioner had also filed civil suit in O.S.No.110/2008 on the file of PDM, Puducherry. On 13.02.2008, Petitioner came to know about certain proceedings on the file of the 1st Respondent. Under Right to Information Act, sought information that in Proceedings No.10059/B2-G/Rev/2006 dated 21.01.2008, certain orders came to be passed.

(iii) Alleging that Petitioner was not heard, Petitioner has filed W.P.No.6097/2008 seeking to quash the said Proceedings No.10059/B2-G/Rev/2006 dated 21.01.2008. The said Proceedings was set aside with a direction that 1st Respondent to issue notice to the Petitioner and to the 2nd Respondent and after hearing their objections to pass fresh orders.

3. Case of the 2nd Respondent is that the transactions referred by the Petitioner have no legal basis and are void ab-initio and inoperative. Case of the 2nd Respondent is that the lands were taken in the auction on 18.01.1898 by Meenakshiammal through Court. The said Meenakshiammal became the absolute owner and she had been in possession and enjoyment of the property. By a settlement deed, Meenakshiammal and her husband Namashivaya Mudaliyar have settled the properties in favour of their legal heirs. Thangavelu Mudaliyar to whom half of the properties were given died on 02.05.1953. Second Respondents father Narayanaswamy Mudaliyar died on 29.03.1985. According to the 2nd Respondent, he being the legal heir of Narayanaswamy Mudaliyar is the only person entitled to inherit the estate of Thangavelu Mudaliyar and Narayanaswamy Mudaliyar and is entitled to the property.

4. After the disposal of W.P.No.6097/2008 filed by the Petitioner and his brother Thenmozhi, 1st Respondent issued notice to the parties and taken up for enquiry. During the proceedings, Petitioner and his brother filed three applications before the authority on the following issues:-

=To grant permission to cross examination of the 2nd Respondent.

=To give direction to the 2nd Respondent to elect his option for appearance either by himself or by his recognised agent.

=To give directions to the 2nd Respondent to pursue his remedies in the suit in O.S.No.215/2008 or to order staying the Proceedings No. No.10059/B2-G/Rev/2006 dated 21.01.2008 until the disposal of the Civil Suits.

5. Upon consideration of the submissions, on the firs