Madras High Court
Shanmugam vs Meenambal ...1St on 12 April, 2023
W.A(MD)Nos.411 and 423 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 12.04.2023
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
and
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.A(MD)Nos.411 and 423 of 2023
W.A(MD)No.411 of 2023:
Shanmugam ... Appellant/5th respondent
-vs-
1.Meenambal ...1st Respondent/Writ Petitioner
2.The District Collector,
Pudukottai District,
Pudukottai.
3.The Revenue Divisional Officer,
Aranthangi Sub-Division,
Aranthangi Taluk,
Pudukottai District.
4.The Thasildar,
Aranthangi Taluk,
Pudukottai District. .
5.Ramakrishnan
PRAYER: Appeal filed under Clause 15 of Letters Patent, against the common
order dated 07.07.2022 made in W.P(MD)No.6184 of 2022.
____________
https://www.mhc.tn.gov.in/judis
Page 1 of 6
W.A(MD)Nos.411 and 423 of 2023
W.A(MD)No.423 of 2023:
Shanmugam ... Appellant.5th respondent
-vs-
1. Viji ... 1st Respondent/Writ Petitioner
2.The Revenue Divisional Officer,
Aranthangi,
Pudukottai District.
3.The Thasildar,
Aranthangi Taluk,
Pudukottai District. ... Respondents
PRAYER:Appeal filed under Clause 15 of Letters Patent, against the common
order dated 07.07.2022 made in W.P(MD)No.11679 of 2022.
For Appellant : Mr.J.John
For Respondents : Mr.V.Nirmal Kumar,
Government Advocate
(For R-2 to R-4 in W.A(MD)No.411/2023)
(For R-2 & R-3 in W.A(MD)No.423/2023)
COMMON JUDGMENT
[Judgment of the Court was made by R.SUBRAMANIAN, J.]
Being aggrieved by the common order, dated 07.07.2022, passed by the
Writ Court, in W.P(MD)Nos.6184 and 11679 of 2022, the appellant has filed
these writ appeals.
____________
https://www.mhc.tn.gov.in/judis
Page 2 of 6
W.A(MD)Nos.411 and 423 of 2023
2. The writ petitions filed by the first respondent have been allowed by
the Writ Court mainly on the ground that principles of natural justice have
been violated and that the Officer competent has not exercised the
jurisdiction.
3. The learned counsel appearing for the appellant would rely upon a
Government Order in G.O.Ms.No.129 Revenue (SS.II(1) Department, dated
18.02.1998 and the notification issued by the Government pursuant to it
stating that instead of the words ''Assistant Settlement Officer'', the words
''Revenue Divisional Officer'' have been substituted in
G.O.Ms.No.693 Revenue Department, dated 24.07.1997. The land in
question is classified as Natham and was dealt with under the Natham Land
Revenue Scheme(ej;jk; epy thpj;jpl;lk;). Under the said Scheme, correction
of mistake will have to be done only by the Commissioner of Land
Administration not by any other Officer. The Writ Court had found that the
Revenue Divisional Officer had no jurisdiction to correct said mistake. The
Writ Court had also found that the first respondent in both the appeals, who
will be directly affected by said re-classification were not heard and therefore,
there was a breach of principles of natural justice.
____________
https://www.mhc.tn.gov.in/judis
Page 3 of 6
W.A(MD)Nos.411 and 423 of 2023
4. The Government Order relied upon by the learned counsel for the
appellant relates to transfer of powers of 'Assistant Settlement Officers' to
'Revenue Divisional Officer', in cases where Natham pattas have been issued.
The came cannot be applied to re-classification of the land, which has to be
done only by the Commissioner of Land Administration. Hence, we do not
find any merit in the appeal.
5. The writ appeals fail and are accordingly dismissed. The appellant is
permitted to make his representation within a period of four weeks from the
date of receipt of a copy of this judgment. No Costs. Consequently,
connected miscellaneous petitions are closed.
[R.S.M., J.] [L.V.G., J.]
12.04.2023
NCC :Yes/No
Index :Yes/No
PM
____________
https://www.mhc.tn.gov.in/judis
Page 4 of 6
W.A(MD)Nos.411 and 423 of 2023
To:
1.The District Collector,
Pudukottai District,
Pudukottai.
2.The Revenue Divisional Officer,
Aranthangi Sub-Division,
Aranthangi Taluk,
Pudukottai District.
3.The Thasildar,
Aranthangi Taluk,
Pudukottai District. .
____________
https://www.mhc.tn.gov.in/judis
Page 5 of 6
W.A(MD)Nos.411 and 423 of 2023
R.SUBRAMANIAN, J.
and
L.VICTORIA GOWRI, J.
pm
W.A(MD)Nos.411 & 423 of 2023
12.04.2023
____________
https://www.mhc.tn.gov.in/judis
