Madras High Court
Arulmigu Seetharama vs The Special Tahsildar on 22 August, 2023
W.A.No.1120 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.08.2023
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
AND
THE HONOURABLE MR.JUSTICE P.B. BALAJI
W.A.No.1120 of 2019
Arulmigu Seetharama ... Appellant
versus
1.The Special Tahsildar
Urban Settlement
Gudiyatham - 632 602.
2.Sampath
3.Balu
4.Gudiyatham Municipality,
Represented by its Commissioner,
Gudiyatham - 632 602.
5.The Commissioner,
HR & CE Department,
Uthamar Gandhi Road,
Chennai- 600 034.
6.The Joint Commissioner,
HR & CE Department,
Vellore,
Vellore District. ... Respondents
1/6
https://www.mhc.tn.gov.in/judis
W.A.No.1120 of 2019
PRAYER: Writ Appeal filed under Clause 15 of the Letter Patent
against the order dated 17.08.2018 in W.P. No.10245 of 2017.
For Appellant : Mr.K.Krishnan
for Mr.A.V.Ilango
For Respondents : Mr.U.M.Ravichandran
Special Government Pleader
for respondents 1 and 4
Mr.D.Rajagopal
for K.A.Ravindran
for respondents 2 and 3
Mr.Yashwanth
Additional Government Pleader
HR & CE
for respondents 5 and 6
JUDGMENT
(Judgment of the Court was delivered by D.KRISHNAKUMAR, J.)
The appeal has been preferred challenging the order dated
17.08.2019, passed by the Writ Court in W.P. No.10245 of 2017.
2. The appellant/petitioner has filed the writ petition for a
direction to the first respondent not to proceed further in the matter
pursuant to the petition of the respondents 2 and 3 based on the
judgment and decree in O.S.No.114 of 2016 dated 27.01.2017 on the
file of the District Munsif Court.
https://www.mhc.tn.gov.in/judis
W.A.No.1120 of 2019
3. After hearing the parties, the writ court disposed of the said
writ petition and directed the first respondent to consider the petition
filed by the respondent 2 and 3 namely the private respondents, if it is
pending and pass appropriate orders on merits and in accordance with
law and also in the light of the aforesaid civil court decree, after
affording opportunity to the appellant/petitioner, respondents 2 and 3
as well as any other necessary parties, within a period of six weeks.
Aggreived by the said order passed by the Writ Court dated
17.09.2018, the appellant has preferred the present intra court appeal
before this Court.
4. Mr.K.A.Ravindran, learned counsel for the private respondents
namely respondent Nos. 2 and 3, brought to the notice of this Court
that in compliance to the order passed by the Writ Court, the first
respondent has granted patta on 02.04.2019 and a copy of the said
patta has also been enclosed in the typed set of papers filed by the
respondent Nos. 2 and 3.
https://www.mhc.tn.gov.in/judis
W.A.No.1120 of 2019
5. In view of the aforesaid statement made by the learned
counsel for the private respondents and also copy of the patta being
enclosed in the typed set of papers by the respondent Nos. 2 and 3, no
further adjudication is required. It is open to the appellant, if
aggrieved, to agitate the matter before the appropriate forum.
6. With the above liberty, the writ appeal stands dismissed. There
will be no order as to costs. Consequently, C.M.P.No.8049 of 2019, is
closed.
[D.K.K., J.] [P.B.B., J.]
22.08.2023
Index : Yes/No
Neutral Citation : Yes/No
mrn
https://www.mhc.tn.gov.in/judis
W.A.No.1120 of 2019
To
1.The Special Tahsildar
Urban Settlement
Gudiyatham - 632 602.
2.Gudiyatham Municipality,
Represented by its Commissioner,
Gudiyatham - 632 602.
3.The Commissioner,
HR & CE Department,
Uthamar Gandhi Road,
Chennai- 600 034.
4.The Joint Commissioner,
HR & CE Department,
Vellore,
Vellore District.
https://www.mhc.tn.gov.in/judis
W.A.No.1120 of 2019
D.KRISHNAKUMAR, J.
and
P.B. BALAJI, J.
(mrn)
W.A.No.1120 of 2019
22.08.2023
https://www.mhc.tn.gov.in/judis
