S.Sivaraman vs The District Collector
2021 Latest Caselaw 16420 Mad

                                                                              W.A.No.1041 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 11.08.2021

                                                          CORAM

                                      THE HON'BLE MR.JUSTICE M.M.SUNDRESH
                                                       and
                                      THE HON'BLE MRS.JUSTICE S.KANNAMMAL

                                                 W.A.No.1041 of 2021

                     S.Sivaraman                                                     .. Appellant

                                                            Vs
                     1.The District Collector,
                       Thiruvallur District,Thiruvallur.

                     2.The District Forest Officer,
                       Thiruvallur District, Thiruvallur.

                     3.The Tahsildar,
                       Tiruttani Taluk, Tiruttani, Tiruvallur District.

                     4.The Forest Officer,
                       Tiruttani Forest Range,
                       Tiruttani, Thiruvallur District.

                     5.The Village Administrative Officer,
                       Athiapattu, Tiruttani Taluk,
                       Tiruvallur District.                                      .. Respondents


                               Appeal filed under Clause 15 of Letters Patent against the order
                     dated 28.11.2019 made in W.P.No.13915 of 2011.


                               For Appellant          :      Mr.G.Thangavel

                               For Respondents        :      Mr.D.Ravichander
                                                             Government Counsel

                     Page 1 of 4


https://www.mhc.tn.gov.in/judis/
                                                                              W.A.No.1041 of 2021



                                                      JUDGMENT

(Delivered by M.M.SUNDRESH, J.)

This appeal has been preferred against the order of the learned

Single Judge, who after holding that the land having become reserve

land as per the gazette of the year 1969 passed under Act 1926, the

relief sought for cannot be granted.

2. Learned counsel appearing for the appellant submitted that

the possession of the appellant has been recognized not only by the

Revenue Officials but also by the forest officials.

3. We are not inclined to go into the said issue. As rightly

submitted by the learned Government Counsel, what was challenged

was only the inter-departmental communication. It appears that as on

today, the patta has not been cancelled.

4. In such view of the matter, there is no cause of action for the

appellant to file the writ petition and thereafter warrant a finding

against him.

https://www.mhc.tn.gov.in/judis/ W.A.No.1041 of 2021

5. Without expressing anything on merit, the writ appeal stands

disposed of, giving liberty to respondents 1 and 3 to put the appellant

on notice while taking action to cancel the patta and with an

observation that while deciding the issue of cancellation of patta, the

concerned authority shall not be persuaded by the order of the learned

Single Judge under the appeal before us. No costs.

                                                                    (M.M.S., J.)     (S.K., J.)
                                                                             11.08.2021
                     Index:Yes/No
                     mmi/ssm

                     To

                     1.The District Collector,

Thiruvallur District,Thiruvallur.

2.The District Forest Officer, Thiruvallur District, Thiruvallur.

3.The Tahsildar, Tiruttani Taluk, Tiruttani, Tiruvallur District.

4.The Forest Officer, Tiruttani Forest Range, Tiruttani, Thiruvallur District.

5.The Village Administrative Officer, Athiapattu, Tiruttani Taluk, Tiruvallur District.

https://www.mhc.tn.gov.in/judis/ W.A.No.1041 of 2021

M.M.SUNDRESH,J.

and S.KANNAMMAL,J.

mmi

W.A.No.1041 of 2021

11.08.2021

https://www.mhc.tn.gov.in/judis/