IN THE HIGH COURT OF JUDUCATURE AT MADRAS

Dated: 29.08.2018

Coram:

THE HON'BLE MR.JUTICE M.VENUGOPAL

AND

THE HON'BLE MRS.JUSTICE S.RAMATHILAGAM

W.P.No.9224 of 2018

and

W.M.P.No.11045 of 2018

Amirdhavalli

... Petitioner

vs.

1.Union Territory of Puducherry

rep.by the Chief Secretary to Government,

Government of Puducherry,

Secretariat,

Puducherry.

2.The Secretary to

Her Excellency Lt.Governor,

Rajnivas,

Puducherry.

3.The Secretary to Government,

Local Administration; Town & Country

Planning and Housing,

Government of Puducherry,

Secretariat,

Puducherry.

4.The Secretary to Government (Revenue)

Government of Puducherry,

Secretariat,

Puducherry.

5.The District Collector cum Special

Secretary (Revenue),

Government of Puducherry,

Secretariat,

Puducherry.

https://hcservices.ecourts.gov.in/hcservices/

6.The Director of Survey and Land Records,

Directorate of Survey and Land Records,

Government of Puducherry,

Puducherry.

7.The Commissioner,

Bahour Commune Panchayat,

Bahour,

Puducherry.

8.The Deputy Collector(Revenue)(south),

Government of Puducherry,

Villianur,

Puducherry.

9.The Tahsildar,

Taluk Office,

Bahour,

Puducherry.

10.The Deputy Tahsildar,

Taluk Office,

Bahour,

Puducherry.

11.P.Kannappan

12.Radhika

13.R.Sivapragasam

...

Respondents

Petition filed under Article 226 of the Constitution of

India, praying for the issuance of a Writ of Certiorarified

Mandamus, directing the Respondents calling for the records

relating to the impugned Assignment FORM-19, M.V.P.No.9/2008,

dated 26.09.2008, granted by the 6^th respondent in favour of the

respondent Nos.11 and 12 for the land measuring to an extent of

0.00.30 Hectares Or 30 square meters situated at Seliamedu

Revenue Village, Bahour Commune, Puducherry and set aside the

same and consequently direct the Respondent Nos.1 to 10 to

remove the encroachment put up by the respondent Nos.11 to 13 in

common pathway bearing R.S.No.184/54, Seliamedu Revenue Village,

Bahour Commune, Puducherry and thereby enabling the Petitioner

and other General Public can use the land as 'Common Pathway'

without any hindrance.

For Petitioner : Mr.Prakash Adiapadam

For Respondents : Mrs.V.Usha,A.G.P.

For R1 to R10

Mr.Gnanasekaran

https://hcservices.ecourts.gov.in/hcservices/

for R11 to R13

ORDER

(Order of the Court was made by M.VENUGOPAL,J.)

Heard both sides.

2.No counter is filed on behalf of R11 to R13.

3.According to the Petitioner, she is the legally

wedded wife of one Munian, son of Mayakrishnan and blessed with

two children, viz., (1) Kishore & (ii) Keerthana. She is

residing in the house situated in R.S.No.184/62, Door No.20,

Villianur Main Road, Kudiyiruppupalayam, Seliamedu Revenue

Village, Bahour Commune, Puducherry. As a matter of fact, the

place in which she is residing is her matrimonial house, in

which her husband and his ancestors were residing and enjoying

the possession of land for generations together.

4.The version of the Petitioner is that as per Revenue

Records, the whole area comprised in R.S.No.184, including the

land where her house is situated, is originally classified as

'Government Poramboke'. By taking into account their long and

continuous possession in respect of the land in R.S.No.184/62,

in exercise of the power conferred under Puducherry Land Grant

Rules, 1975, r/w G.O.(Land Survey) Ms.5, dated 09.04.1976,

issued by the Directorate of Land and Survey Records, Government

of Puducherry, the Hon'ble Lieutenant of Governor, Government of

Puducherry, has granted Assignment for free House Patta

(referred as LGR Patta) in respect of the land comprised in

R.S.No.184/62,

Door

No.20,

Villianur

Main

Road,

Kudiyiruppupalayam, Seliamedu Revenue Village, Bahour Commune,

Puducherry in FORM-19, under 60(ii) of Puducherry Land Grant

Rules, 1975, in her fav