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2023 Supreme(Mad) 3077

D. KRISHNAKUMAR, P. B. BALAJI
G. Mohamed Hussain Malim – Appellant
Versus
Government of Puducherry, Represented by Special Secretary to Government, Revenue & Disaster Management Department, Puducherry – Respondent


Advocates:
For the Appellant :V. Raghavachari, Senior Counsel, V. Srimathi, Advocate. For the Respondent: A. Tamilvanan, Additional Government Pleader [Puducherry].

JUDGMENT

(Prayer: Appeal filed under Clause 15 of Letter Patent praying to set aside the order passed by this Court in W.P.No.25187 of 2010 dated 05.09.2019.)

P.B. Balaji, J.

1. The unsuccessful writ petitioner is the appellant before us.

2. The appellant filed W.P. No.25187 of 2010 seeking issuance of a writ of certiorari to quash the notification in G.O.Ms.No.36 dated 22.09.2010, published in Dinakaran issue dated 25.09.2010 in so far as the appellant’s land is concerned, namely land comprising Survey No.9/1B2, Akkaravattam Village, Karaikal, Taluk, (Sl.No.131). The appellant’s case before the Writ Court was that he purchased the property comprising survey No.9/1B/2, measuring an extent of 2.03.60 hectares, in and by sale deed dated 09.10.2003 and that the said land was not agricultural in character but only a house site. Permission was sought for laying out the site and the Additional Director, Karaikal Planning Authority had also issued a No Objection Certificate on 27.08.2004 for forming the residential layout. Subsequently, The Member Secretary, Karaikal Planning Authority in and by proceedings dated 13.09.2005 also granted an interim approval for the layout. Both the Public Work

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