M.Liyagath Ali vs The District Collector
2021 Latest Caselaw 4086 Mad

                                                                              W.A.No.1786 of 2018



                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED:       17.02.2021

                                                          CORAM :

                                   THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE
                                                            AND
                               THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY


                                                     W.A.No.1786 of 2018

                     1.M.Liyagath Ali
                     2.Thowlath Unnisa                                        .. Appellants
                                                             Vs.

                     1.The District Collector,
                       Villupuram.

                     2.The Tahsildar,
                       Ulundurpet,
                       Villupuram District.                                   .. Respondents



                     Prayer: Appeal under Clause 15 of the Letters Patent against the

                     common judgment dated 27.11.2013 made in W.P.No.27773 of 2013.


                                    For Appellants            : Mr.T.Gandhi

                                    For Respondents           : Mr.V.Jayaprakash Narayanan
                                                                State Government Pleader




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                     Page 1 of 5


https://www.mhc.tn.gov.in/judis/
                                                                               W.A.No.1786 of 2018



                                                        JUDGMENT

(Delivered by the Hon'ble Chief Justice)

The appeal is directed against an order of November 11,

2013, by which the appellants' writ petition has been dismissed

primarily on the ground that the appellants had purported to

question an order passed by the District Collector which was

founded on the classification of the land in question.

2. According to the appellants, and as has been recorded in

the order impugned, the land was classified otherwise and was

purported to be changed to Adi Dravidar Punjai Tharisu. The

appellants claim that the appellants had no knowledge of the

alteration in the classification, nor were the appellants given any

notice in such regard.

3. The Writ Court, quite appropriately, held that as long as the

land remained classified as it was, no right of the appellants could

be recognised in respect thereof. The order impugned is

unimpeachable in such regard.

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https://www.mhc.tn.gov.in/judis/ W.A.No.1786 of 2018

4. The appellants say that they have now applied for re-

classification of the land. If such is the case, the application for re-

classification apparently filed by the appellants may be proceeded

with and considered in accordance with law uninfluenced by the

order impugned herein. In the event the appellants succeed in

having the land re-classified, the appellants should not be

prejudiced or denied any benefits due to the appellants only by

virtue of the judgment and order impugned.

WA.No.1786 of 2018 is disposed of with the above

observation and without interfering with the order impugned at this

stage. There will be no order as to costs.

                                                                       (S.B., CJ.)      (S.K.R., J.)
                                                                                 17.02.2021

                     Index : No
                     sasi




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https://www.mhc.tn.gov.in/judis/ W.A.No.1786 of 2018

To:

1.The District Collector, Villupuram.

2.The Tahsildar, Ulundurpet, Villupuram District.

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https://www.mhc.tn.gov.in/judis/ W.A.No.1786 of 2018

THE HON'BLE CHIEF JUSTICE AND SENTHILKUMAR RAMAMOORTHY, J.

(sasi)

W.A.No.1786 of 2018

17.02.2021

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