Pichaiyammal vs Kumaravelu
2022 Latest Caselaw 14377 Mad

                                                                                   W.A.No.1776 of 2022



                                     IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED: 11.08.2022

                                                              CORAM :

                        THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE
                                                               AND
                                            THE HON'BLE MRS.JUSTICE N.MALA
                                                      W.A.No.1776 of 2022
                                                and C.M.P.No.13057 of 2022

                     Pichaiyammal                                                  ... Appellant
                                                                vs

                     1. Kumaravelu

                     2. The Revenue Tahsildar,
                        Taluk Office, Kattumannarkoil,
                        Cuddalore District.

                     3. Village Administrative Officer,
                        Veeranatham Revenue Village,
                        Veeranatham, Kattumannarkoil,
                        Taluk, Cuddalore District.                                 ... Respondents

                     Prayer: Appeal filed under Clause 15 of the Letters Patent Act against
                     the order dated 01.02.2022 passed in WP No.28381 of 2019 on the
                     file of this Court.

                                  For the Appellant       :      Mr.S.Vijayanand

                                  For the Respondents     :      Mr.P.Muthukumar,
                                                                 State Government Pleader,
                                                                 assisted by Mr.K.M.D.Muhilan,
                                                                 Govt. Advocate for RR 2 and 3

                                                              *****

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                                                                               W.A.No.1776 of 2022




                                                         JUDGMENT

(Judgment of the Court was delivered by the Hon'ble Chief Justice)

The writ appeal has been filed by the party who did not appear

before the learned Single Jude despite service of notice.

2. The challenge to the order has been made claiming title

over the land without putting the aforesaid defence before the

learned Single Judge. In any case, the direction given by the

learned Single Judge is to cause enquiry on the representation given

by the writ petitioner and pass an order thereupon. The enquiry is

to be caused after giving opportunity of hearing to all the parties

which include even the appellant. Thus, if the appellant has right

over the land in question, she can produce the supporting

documents during the course of enquiry.

3. Looking to the facts aforesaid, we do not find any ground to

entertain the appeal, but it is disposed of with the clarification made

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https://www.mhc.tn.gov.in/judis W.A.No.1776 of 2022

above. There will be no order as to costs. Consequently,

C.M.P.No.13057 of 2022 is closed.

(M.N.B., CJ.) (N.M., J.) 11.08.2022 Index : Yes/No sra

To

1. The Revenue Tahsildar, Taluk Office, Kattumannarkoil, Cuddalore District.

2. The Village Administrative Officer, Veeranatham Revenue Village, Veeranatham, Kattumannarkoil, Taluk, Cuddalore District.

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https://www.mhc.tn.gov.in/judis W.A.No.1776 of 2022

M.N.Bhandari, CJ.

and N.Mala, J.

(sra)

W.A.No.1776 of 2022

11.08.2022

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