Madras High Court
G.Veeraraghavan vs Director Of Survey And Land Records on 12 April, 2016
Author: R.Subbiah
Bench: R.Subbiah
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 12.04.2016 CORAM THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition No.13595 of 2016 G.Veeraraghavan ... Petitioner vs. 1.Director of Survey and Land Records, Vazhuthavur Salai, Saram, Puducherry. 2.The Settlement Officer- I, Directorate of Survey and Land Records, Vazhuthavur Salai, Saram, Puducherry. 3.Kovalan 4.Ramachandran 5.Meenatchiammal ... Respondents Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus directing the respondents 1 and 2 to pass orders on the petitioner's application dated 28.10.2014 filed under Section 23(1) of The Puducherry Settlement Act, 1970 seeking correction of the mistakes in the records within a time frame to be fixed by this Court. For Petitioner : Mr.R.Subramanian For R1 and R2 : Mr.C.T.Ramesh, AGP (P) ORDER
The petitioner has filed this writ petition, seeking a direction to respondents 1 and 2 to pass orders on his application dated 28.10.2014 filed under Section 23(1) of The Puducherry Settlement Act, 1970 for correction of the mistakes in the records within a time frame to be fixed by this Court.
2. It is the case of the petitioner that his grandfather - Venkatesa Gounder owned the property measuring to an extent of 7 ares and 30 centiares in R.S.No.20/20, Paimash No.600/3 and Cadastre No.2528-5/5, Muthiraipalayam Village and he had settled the said property in favour of his two sons by registered donation deed dated 19.08.1954. After the demise of the said Venkatesa Gounder, the petitioner's father inherited the property and enjoyed the same till his life time. After the demise of the petitioner's father, the petitioner and his brother divided the properties between themselves and the petitioner was allotted 7 ares and 30 centiares in R.S.No.20/20 and for the convenient enjoyment of the property, they left a passage having a width of 3.4 metres on north-south and a length of 42 metres east-west. While so, the petitioner came to know that at the time of re-survey, the extent of the land was reduced to 6 ares instead of 7 ares and 30 centiares and the width of the pathway was shown as 4.4 metres. For correction of the said mistake, he submitted a representation dated 10.03.2014 to the first respondent, who, in turn, advised the petitioner to file an application for rectification under Section 23(1) of The Puducherry Settlement Act, 1970. Accordingly, the petitioner submitted an application on 28.10.2014 along with necessary records to the first respondent.
3. It is the further case of the petitioner that the second respondent, by notice dated 18.11.2014, called upon the petitioner to appear before him on 25.11.2014. Accordingly, the petitioner appeared before the second respondent and produced all the relevant documents. Subsequently, by notice dated 25.11.2014, the second respondent also summoned respondents 3 to 5 along with necessary documents. Thereafter, enquiry was conducted and was concluded on 11.12.2014. However, no final orders have been passed by the respondents 1 and 2, which compelled the petitioner to send a reminder on 01.03.2016 to the first respondent. Finding no response, the petitioner has approached this court with the present writ petition for the above stated relief.
4. Heard the learned counsel for the petitioner and the learned Additional Government Pleader (Pondy) who took notice for the respondents 1 and 2.
5. Considering the limited prayer sought for in this writ petition, this Court directs respondents 1 and 2 to consider the petitioner's application dated 28.10.2014 by affording an opportunity of personal hearing to the petitioner as well as to respondents 3 to 5 and pass appropriate orders, with regard to correction of the mistake crept in the Revenue Records in respect of the petitioner's property. It is made clear that this Court is not expressing any opinion with regard to the merits of the claim projected by the petitioner and it is for the respondents 1 and 2 to pass appropriate orders purely on merits and in accordance with law. The entire exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order.
6. The writ petition is accordingly ordered. No costs.
12.04.2016 Index:Yes/No rk To
1.The Director of Survey and Land Records, Vazhuthavur Salai, Saram, Puducherry.
2.The Settlement Officer I, Directorate of Survey and Land Records, Vazhuthavur Salai, Saram, Puducherry.
R.SUBBIAH, J rk W.P.No.13595 of 2016 12.04.2016