Madras High Court
K.Kamal Basha vs 7 The Joint Registrar Ii on 7 January, 2021
W.A.No.1097 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.01.2021
CORAM :
THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.A.No.1097 of 2020
K.KAMAL BASHA .. Appellant
Vs
1 THE REVENUE DIVISIONAL OFFICER
KALLAKURICHI
VILLUPURAM DISTRICT.
2 THE THASILDAR
KALLAKURICHI
VILLUPURAM DISTRICT.
3 SARTAJ BEGUM
4 JEELANI BEGUM
5 THE ASSISTANT ENGINEER
TAMIL NADU ELECTRICITY BOARD
KALLAKURICHI
VILLUPURAM DISTRICT.
6 THE COMMISSIONER
KALLAKURICHI MUNICIPALITY
KALLAKURICHI
VILLUPURAM DISTRICT.
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W.A.No.1097 of 2020
7 THE JOINT REGISTRAR II
KALLAKURICHI
VILLUPURAM DISTRICT. .. Respondents
Prayer: Appeal filed under Clause 15 of the Letters Patent against
the order dated 30.1.2020 passed in W.P.No.4290 of 2016.
For Appellant : Mr.N.A.Nissar Ahmed
For Respondents : Mr.L.Chandrakumar
3 and 4
JUDGMENT
(Delivered by SENTHILKUMAR RAMAMOORTHY,J.)
We heard learned counsel for the appellant.
2. Mr.L.Chandrakumar, learned counsel, accepts notice for
respondents 3 and 4.
3. This writ appeal lies in a very narrow compass, inasmuch
the appellant challenges an order dated 30.1.2020, whereby his
challenge to a notice dated 6.11.2015 from the first respondent was
rejected. The said notice pertains to a hearing before the first
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W.A.No.1097 of 2020
respondent in connection with the patta that was issued in favour of
the appellant.
4. Upon perusal of the impugned order, we find that the
learned Judge has recorded that the revenue authorities cannot
decide disputes as to title, which should be decided by the
appropriate civil court, and subject to that caveat, the learned
Judge has granted a further opportunity to the appellant and the
private respondents, namely respondents 3 and 4, to participate in
the enquiry.
5. Mr.L.Chandrakumar submits that pursuant to the said
impugned order, the enquiry was concluded and an order was
passed by the first respondent on 30.12.2020. As such, he submits
that nothing survives for adjudication in this appeal, which has been
rendered infructuous.
6. On account of the aforesaid submissions, W.A.No.1097 of
2020 is dismissed as infructuous. It is open to the appellant to
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W.A.No.1097 of 2020
challenge the order dated 30.12.2020, if he is aggrieved by the
same. No costs. Consequently, C.M.P.No.13389 of 2020 is closed.
(S.B., CJ.) (S.K.R., J.)
07.01.2021
Index : Yes
sasi
To:
1 THE REVENUE DIVISIONAL OFFICER
KALLAKURICHI
VILLUPURAM DISTRICT.
2 THE THASILDAR
KALLAKURICHI
VILLUPURAM DISTRICT.
3 THE ASSISTANT ENGINEER
TAMIL NADU ELECTRICITY BOARD
KALLAKURICHI
VILLUPURAM DISTRICT.
4 THE COMMISSIONER
KALLAKURICHI MUNICIPALITY
KALLAKURICHI
VILLUPURAM DISTRICT.
5 THE JOINT REGISTRAR II
KALLAKURICHI
VILLUPURAM DISTRICT.
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https://www.mhc.tn.gov.in/judis/
W.A.No.1097 of 2020
THE HON'BLE CHIEF JUSTICE
AND
SENTHILKUMAR RAMAMOORTHY, J.
(sasi)
W.A.No.1097 of 2020
07.01.2021
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https://www.mhc.tn.gov.in/judis/
