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2022 Supreme(Online)(MAD) 21925

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :07.04.2022 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P. No.21404 of 2013 and W.M.P.Nos.1 and 2 of 2013 J.Ganessin ... Petitioner Vs.

1.The Deputy Collector (Rev) (North)

Collectorate Building, Saram, Puducherry 605 013.

2.The Director Directorate of Survey and land Records, Collectorate Building, Saram, Pondicherry 605 013.

3.Kothandam Pillai

4.Velmurugan ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the first and second respondents take appropriate steps against the land Grabbers third and fourth respondents and handover the property as item “B” property Pondicherry State, Puducherry, Puducherry Muncipal Limit Pudupalayam Revenue Village 37, Palathu Street, Ward-G; Block-7; Cadastre No.238 Town Survey No.85 extents 2 Acres 60 Centiares Vacant Land to the petitioner.

For Petitioner : Mr.T.Ganessin (party-in-person)

For RR1 and R2 : Mr.G.D.Jearany Government Advocate (Pondicherry) For R3 & R4 : Ms.P.Saritha.

O R D E R

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus to direct the first and second respondents take appropriate steps against the land Grabbers third and fourth respondents and handover the property as item “B” property Pondicherry State, Puducherry, Puducherry Muncipal Limit Pudupalayam Revenue Village 37, Palathu Street, Ward-G; Block-7; Cadastre No.238 Town Survey No.85 extents 2 Acres 60 Centiares Vacant Land to the petitioner.

2. The learned Government Advocate (Pondicherry) takes notice for the official respondents. In view of the limited relief sought for in this petition and on the consent of the learned counsel appearing on either side, this petition is taken up for final disposal.

3. The case of the petitioner is that the petitioner is claimed to be the owner of the property comprised as item “B” property Pondicherry State, Puducherry, Puducherry Muncipal Limit Pudupalayam Revenue Village 37, Palathu Street, Ward-G; Block-7; Cadastre No.238 Town Survey No.85 extents 2 Acres 60 Centiares Vacant Land to the petitioner. The said property was inherited by his grand father through his father. It is alleged that all of a sudden, the third and fourth respondents had entered into the property with the help of one Kumar alias Raghavan, who is Ex.MLA. Thereafter, the petitioner had given a representation to the first respondent / The Deputy Collector on 07.06.2013. However, till date no orders have been passed.

Hence, this writ petition is filed with the above said prayer.

4. Learned Counsel appeared as Party-in-Person submitted that it would suffice, if this Court issues a direction to the first and second respondents to consider the petitioner's representation dated 07.06.2013 and appropriate pass orders within the time frame that may be stipulated by this Court.

5. The learned Government Advocate appearing on behalf of the official respondents submitted that as per the G.O.M.S.No.38, dated 23.11.1998, the Pondicherry Government formed a special cell for receiving complaint and dispose of the matters relating to land grabbing. He further submitted that for the very same dispute the petitioner has already filed a suit in O.S.No.38 of 2013, on the file of Principal District Munsif, Pondicherry. However, suppressing the same, filing this Writ Petition is not sustainable. Hence, the prayer sought for in this petition cannot be granted. However, the respondent counsel has no objection for referring the matter to the Special Cell.

6. In view of the above, the petitioner is directed to lodge a complaint before the Land Grabbing Special Cell as per the G.O.M.S.No.38, dated 23.11.1998 within a period of two weeks. If such representation is made, the Special Cell is directed to dispose such representation as expeditiously as possible.

7. With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

07.04.2022 Index : Yes / No Internet : Yes / No Speaking order / Nonspeaking order Shk To

1.The Deputy Collector (Rev)(North)

Collectorate Building, Saram, Puducherry 605 013.

2.The Director Directorate of Survey and land Records, Collectorate Building, Saram, Pondicherry 605 013.

M.DHANDAPANI, J.

Shk

07.04.2022 M.DHANDAPANI, J.

The matter is listed today i..e.28.04.2022 under the caption “for being mentioned”, at the instance of the learned counsel for the petitioner.

2. The learned counsel for the petitioner submitted that this Court, by an order dated 07.04.2022, has disposed of the writ Petition and there is an typographical error available in prayer portion and in the 3rd paragraph as 2 Acres instead of the ''2 Ares''. Likewise, in the 3rd para of the order portion, it is mentioned as 07.06.2013 instead of 15.04.2013 and further, in the 5th para, it is mentioned as O.S.No.38 of 2013 and it has to be typed as O.S.No.858 of 2013. Therefore, the learned counsel prays to make necessary corrections and to issue fresh order copy.

3. In view of the above s

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