Madras High Court
Maduranthagi Natchiyar vs The Special Commissioner & on 7 April, 2021
W.A.Nos.1705 & 1706 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.04.2021
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
AND
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.A.Nos.1705 & 1706 of 2017
Maduranthagi Natchiyar
D/o Karthikeyaraja .. Appellant in both the Writ Appeals
-vs-
01. The Special Commissioner &
Commissioner of Land Administration
Chepauk
Chennai 600 005
02. The Director of Survey & Settlements
Chennai 600 005
03. The Land Settlement Officer
Thanjavur
04. The Assistant Land Settlement Officer
Madurai
05. The District Forest Officer
Ramnad-cum-P.M.T.Forest Division
Sivagangai 630 501
06. Raghuraj
07. Rajalakshmi
08. Mahesh
09. Tmt.Banumathi Natchiyar
10. N.Lakshmi Priya
1/5
W.A.Nos.1705 & 1706 of 2017
11. Minor Akila Nagendiran
12. Minor Sai Sivam
(Minors 11 & 12 rep.by natural
guardian N.Lakshmi Priya
Wife of deceased Nagendran .. Respondents in both the Writ Appeals
Appeals filed under Clause 15 of the Letters Patent, against the order
dated 25.01.2017 made in W.P.Nos.384 & 686 of 2011.
For Appellant :: No appearance
For Respondents :: Mr.K.Magesh
Special Government Pleader
for R1 to 4
Mr.S.Prabhu
Additional Government
Pleader (Forest) for R5
No appearance for R6 to 12
JUDGMENT
(Judgment of the Court was delivered by T.RAJA, J.)
No one appeared for the appellant.
2. Learned Additional Government Pleader (Forest) appearing for the
fifth respondent, placing on record the order of the Hon'ble Division Bench
dated 2.11.2012 passed in Writ Appeal No.2327 of 2012, stated that since
the issue raised in the present writ appeals in respect of the land in question
has already been decided by the Hon'ble Division Bench in the
aforementioned writ appeal, nothing survives in the present writ appeals.
Secondly, the learned Additional Government Pleader appearing for the
W.A.Nos.1705 & 1706 of 2017
fifth respondent, referring to the order passed by the learned single Judge
impugned before us, also stated that the learned single Judge also, relying
heavily upon the order dated 17.4.2012 passed in Writ Petition No.36216 of
2003, has dismissed the Writ Petition Nos.384 & 686 of 2011 by the order
dated 25.1.2017. Since the order dated 17.4.2012 passed in Writ Petition
No.36216 of 2003 relied upon by the learned single Judge also, has been
confirmed by the Hon'ble Division Bench vide order dated 2.11.2012
passed in Writ Appeal No.2327 of 2012, nothing survives in the present
writ appeals.
3. We have also perused paragraphs 24, 25 & 26 of the order dated
17.4.2012 passed in Writ Petition No.36216 of 2003 that have been referred
to and relied upon by the learned single Judge while dismissing the Writ
Petition Nos.384 & 686 of 2011 vide the impugned order dated 25.1.2017.
When the order dated 17.4.2012 passed in Writ Petition No.36216 of 2003
was confirmed by the Hon'ble Division Bench in Writ Appeal No.2327 of
2012 dated 2.11.2012, as rightly canvassed by the learned Additional
Government Pleader appearing for the fifth respondent, we are able to see
that the issue raised in the present writ appeals in respect of the land in
question is no longer res integra, as the same has already been decided.
W.A.Nos.1705 & 1706 of 2017
Therefore, when both the issue and the subject matter of the land in
question raised in the present writ appeals were already considered,
following the order dated 2.11.2012 passed by the Hon'ble Division Bench
in Writ Appeal No.2327 of 2012, both the writ appeals fail and they are
dismissed. No costs.
Speaking/Non speaking order (T.R.,J.) (G.K.I.,J.)
Index : yes/no 07.04.2021
ss
To
1. The Special Commissioner &
Commissioner of Land Administration
Chepauk
Chennai 600 005
2. The Director of Survey & Settlements
Chennai 600 005
3. The Land Settlement Officer
Thanjavur
4. The Assistant Land Settlement Officer
Madurai
5. The District Forest Officer
Ramnad-cum-P.M.T.Forest Division
Sivagangai 630 501
W.A.Nos.1705 & 1706 of 2017
T.RAJA, J.
AND
G.K.ILANTHIRAIYAN, J.
ss
W.A.Nos.1705 & 1706 of 2017
07.04.2021
