Madras High Court
S.Padmanaban vs Union Of India on 2 July, 2024
Author: V.Bhavani Subbaroyan
Bench: V. Bhavani Subbaroyan
WP.No.8463 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.07.2024
CORAM
THE HONOURABLE MRS.JUSTICE V. BHAVANI SUBBAROYAN
WP.No.8463 of 2024
S.Padmanaban ... Petitioner
Vs.
1. Union of India, Rep by the
Secretary to the Government
(Appointment of Administration)
Puducherry.
2. The Director, Survey & Land Records,
Puducherry.
3. The Pondicherry Co-op Milk Producers
Union Ltd.,
No.1, Mission Street,
Pondicherry-605 001.
4. The Development of Women and
Differently Abled Persons Ltd.,
Puducherry Co-operation,
Represented through a
Managing Director,
No.1, 2nd Main Road,
Natesan Nagar,
Puducherry-605 005. ... Respondents
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https://www.mhc.tn.gov.in/judis
WP.No.8463 of 2024
PRAYER: Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus, directing the 1st respondent to direct
the 3rd respondent to vacate the subject mentioned property comprised in
Survey No.55/19 at Karikalampakkam Village and take action against 4th
respondent based on the representation made by the petitioner on
13.04.2021 and consequently direct the 3rd respondent to execute the order
by them on 24.07.2023 within the stipulated time.
For Petitioner : Ms.T.Lavanya
For Respondents : Mr.V.Vasantha Kumar
Additional Government Pleader
(Puducherry) for R1, R2 and R4
: Mr.R.Sreedhar
for R3
ORDER
This Writ petition has been filed by the petitioner seeking direction the 1st respondent to direct the 3rd respondent to vacate the subject mentioned property comprised in Survey No.55/19 at Karikalampakkam Village and take action against 4th respondent based on the representation made by the petitioner on 13.04.2021 and consequently direct the 3rd respondent to execute the order dated 24.07.2023 within the stipulated time. 2/6 https://www.mhc.tn.gov.in/judis WP.No.8463 of 2024
2. The brief facts of the case is that the petitioner is residing in the above said address and doing small business. The 2nd respondent issued a House Site patta and allotted R.S.No.55/19 vide proceedings No.4524/Dos/ST=11/Dt-2/R1-31/08/20/05/2008 dated 23.02.2006. Further, the date of issue of patta, the subject property was under his peaceful possession and enjoyment. While this being so, the 1st respondent herein / The Secretary to the Government, (Appointment of Administration) Puducherry and the 3rd respondent herein/The Pondicherry Co-op Milk Producers Union Ltd.,Pondicherry have approached the petitioner and asked for the purpose of rental basis for the metal bunk of Ponlait in the year 2011. Subsequently, the 3rd respondent handed over the metal bunk Ponlait to the 4th respondent herein/ The Development of Women and Differently Abled Persons Ltd., Puducherry Co-operation, Puducherry in the year 2011.
2(i) From the date of rental, the 4th respondent used this Ponlait outlet and used it for their growth. Moreover, the petitioner also let this premises for the growth of the 1st respondent's development only. At this juncture, the petitioner likes to expand the premises and requested the 3rd respondent to restore the premises back to the petitioner, but, the 4th respondent failed to act upon their words. Subsequently, the petitioner made a representation 3/6 https://www.mhc.tn.gov.in/judis WP.No.8463 of 2024 to the 3rd respondent on 04.07.2017. On many occasions, the petitioner requested the third respondent to vacate the premises and he has also given a representation to the 3rd respondent on 13.04.2021. Thereafter, the 3rd respondent issued the letter to the 4th respondent on 25.05.2021 and passed orders to vacate the premises, but, the 4th respondent failed to do the same.
2(ii) The subject mentioned property is under the 4th respondent and the 3rd respondent also did not consider the 4th respondent to continue the outlet metal bunk of Ponlait and issued an order on 24.07.2023. The 4th respondent is bound to vacate the premises. It is a mandatory duty on the part of the 3rd respondent to vacate the premises and handed over to the petitioner. The 3rd respondent is under the surveillance of the 1st respondent. The 1st respondent is the competent authority to take necessary action against the 3rd respondent and the 4th respondent, because, they are under the control of the 1st respondent, but, the 1st respondent failed to do their legal duty. It affects the petitioner's right and caused mental agony to him. . Hence, the present petition seeks intervention of this court and to direct them to take action against the 4th respondent and to remove the metal bunk Ponlait. Thereby, prays to allow the writ petition. 4/6 https://www.mhc.tn.gov.in/judis WP.No.8463 of 2024
3. The learned Additional Government Pleader (Puducherry) in support of this contention, he has produced a letter i.e., the Directorate of Survey & Land Records, Puducherry had sent a letter dated 03.04.2024 vide No.8463/DOSLR/ST-II/LGR/2024 to the Government Pleader for Puducherry, wherein it is informed that as per the available records of this Dire, Free House Site Patta was assigned jointly in favour of Tmt.Swarnam, W/o.Sinnarasu (mother of the writ petitioner) and the writ petitioner, Thiru.Padmanaban, S/o. Sinnarasu in the land situated under R.S.No.55/19 of Karikalampakkam measuring an extent of 00-01-31 H-A-C in LGR Patta No.312/76 for construction of a house site. It is further informed that on field Inspection, it revealed that the writ petitioner had constructed a house approximately for an extent of 338 sq.ft in the assigned FHS site out of total area of land of 1410 sq.ft assigned to him by this Directorate. In the remaining land, he had leased out for running a Tea Shop and Opticals. It is also informed that the Directorate is assigning free house site patta in FORM-19 (Form of order of Assignment of House Site) to the landless poor people who are a citizen of India and a native of UT of Puducherry who does not own house sites for dwelling. As per conditions of the Form-19 of the Pondicherry Land Grant Rules, 1975, the assignee of the Free House 5/6 https://www.mhc.tn.gov.in/judis WP.No.8463 of 2024 Site has to construct house within 6 months from the date of assignment of LGR patta, whereas, the writ petitioner is utilizing the assigned free house site for Commercial and lucrative purpose and has sublet the Government land without the permission/knowledge of this Directorate. This act of the writ petitioner is in gross violation of the Pondicherry Land Grant Rules, 1975 which attracts to cancellation of assignment of house site patta. Hence, he seeks for the dismissal of the writ petition.
4. Heard the submissions made by the learned counsel appearing for the petitioner as well as the learned counsel for the respondents and perused the materials available on record including the letter dated 03.04.2024 vide No.8463/DOSLR/ST-II/LGR/2024.
5. Taking note of the facts and circumstances of the case, this Court cannot issue a direction to the 3rd respondent to execute the order dated 24.07.2023 and to direct the 3rd respondent to vacate the subject mentioned property comprised in Survey No.55/19 at Karikalampakkam Village as the petitioner has been given a house site patta which has been misused by the petitioner by allowing 3rd parties to enter into the property and run a commercial business.
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6. However, the 1st respondent is at liberty to proceed against the said petitioner's claim and if any other commercial activities are done, it is left open to the 1st respondent to proceed in the manner known to law to remove the said commercial establishments and the petitioner has constructed a house in the said land, which need not be disturbed. The petitioner's claim can be considered for retaining the said house alone. The prayer in respect of handing over vacant land cannot be granted.
7. With the above direction, this writ petition is disposed of. No order as to Costs.
02.07.2024 Vv To
1. The Secretary to the Government (Appointment of Administration) Puducherry.
2. The Director, Survey & Land Records, Puducherry.
7/6 https://www.mhc.tn.gov.in/judis WP.No.8463 of 2024
3. The Pondicherry Co-op Milk Producers Union Ltd., No.1, Mission Street, Pondicherry-605 001.
4. The Development of Women and Differently Abled Persons Ltd., Puducherry Co-operation, Represented through a Managing Director, No.1, 2nd Main Road, Natesan Nagar, Puducherry-605 005.
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Vv WP.No.8463 of 2024 02.07.2024 9/6 https://www.mhc.tn.gov.in/judis