ORDER :

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of certiorarified mandamus calling for the records on the file of the 2nd respondent relating to the impugned order dated 21.04.2005 bearing Ref.No.697/IST-I/DOS/04 and quash the same and consequently direct the respondents to carry out the alterations and corrections in the land records, FMB Sketch in respect of the petitioner's land ad measuring to the extent of 67 acres 50 centiares included in Rs.NO.1, Villianur Village, Pondicherry and desist from interfering with the peaceful possession and enjoyment of the petitioner in respect of the same except by due process of law.

1. The above writ petition is filed for issuance of a writ of certiorarified mandamus to quash the proceedings of the 2nd respondent, namely, the Director of Settlement, Puducherry dated 21.04.2005 and to direct the respondents to carry out corrections in the Land Records, FMB Sketch, in respect of the petitioners land measuing an extent of 67 Ares 50 Centiares which is wrongly included in RS.No.1, Villianur Village, Pondicherry, and to forbear the respondents from interfering with the peaceful possession and enjoyment of the petitioner in respect of the subject lands.

2. The writ petitioner P.Muthu Krishnan died during pendency of the above writ petition and hence, his Legal Representatives are brought on record as petitioners 2 to 4 to prosecute the case. Hence, any reference to the 'petitioner' in the following paragraphs will be the deceased writ petitioner P.Muthu Krishnan.

3. The case of the deceased writ petitioner in the affidavit filed in support of the writ petition is as follows.

4. By a registered Sale Deed dated 27.12.1976, registered as Doc.No.1/1977 on the file of the Sub Registrar, Villianur, the petitioner [deceased] purchased 2 items of dry lands comprised in Old S.No.12[part] in RS.No.3/1 in all measuring an extent of 1.45.25 Hectares [equivalent to 2 Kanis 71 Kuzhis and 7 Veesams]. The lands are cultivable lands and the petitioner is cultivating the same. The lands originally belonged to the ancestors of the petitioner's vendor and the petitioner's vendor by name V.Krishnamurthy was recognised as the person entitled to succeed to the property as the legal heir of his predecessor in interest by a document which was registered before the Notaire as Document No.1681/1964.

5. At the time of introduction of the Pondicherry Settlement Act, 1970, the lands belonged to the petitioner to an extent of 77 Ares and 75 Centiares had been wrongly included in RS.No.1 in Villianur Village. The petitioner on coming to know about the said mistake in the year 1980, approached the respondents for correction of such mistake. The Deputy Tahsildar, Villianur, after conducting an enquiry, passed an order on 11.05.1982 for correction of mistake after finding that the petitioner's lands are included in RS.No.1. However, the 4th respondent started making measurements and markings in the lands which were in the possession and enjoyment of the petitioner under the pretext that an extent of 77 ares and 75 centiares is going to be utilised for the purpose of constructing a check dam. The petitioner was informed that as per the land records, the land which is now going to be utilised for construction of check dam is classified as 'river poramboke'. Thereafter, the petitioner approached the 2nd respondent by way of a representation dated 12.10.2004 requesting for correction of records in accordance with the title of petitioner. Since no orders have been passed by the 2nd respondent on the representations and reminders of the petitioner, the petitioner approached this Court by filing a writ petition in WP.No.39077/2004 and this Court by order dated 10.02.2005, directed the respondents therein to dispose of the petitioner's representation in accordance with law. Thereafter, the petitioner submitted a fresh representation to the 2nd respondent. The Surveyor who con