(1.) Writ Court order dtd. 5/11/2019 in W.P.No.22316 of 2009 is under challenge in the intra-Court Appeal filed under Clause 15 of the Letters Patent.
(2.) The Authorised Officer (Land Reforms), Pondicherry, passed an order in proceedings dtd. 22/1/1990 that Abhimannan and Shanmugam were the cultivating tenants in the subject lands as described in the writ proceedings. The Authorised Officer verified the bona fides of the application filed by the above two persons in Form 14 dtd. 14/9/1976 and declared them as cultivating tenants in exercise of the powers conferred under Sub-rule (4) of Rule 24 of the Pondicherry Land Reforms (Fixation of Ceiling on Land and Disposal of Surplus Lands) Rules, 1975. Consequently, Abhimannan and Shanmugam were allowed to continue in possession of surplus lands bearing R.S.No.13 of Manapet Village measuring 0/99/0 Hec. on lease from 1976 onwards i.e. from the date of taking possession by the Government subject to various conditions stipulated in sub rule (5) of Rule 24 of Pondicherry Land Reforms (Fixation of Ceiling on Land and Disposal of Surplus Lands) Rules, 1975. The above benefit was granted subject to the following conditions:-
(3.) The learned counsel for the appellant would mainly contend that pursuant to the orders of the Authorised Officer (Land Reforms), Pondicherry, dtd. 22/1/1990, the appellant, who is the son of Abimannan continue to cultivate the land and in possession.