Boopathirajaa vs 5 The Revenue Inspector
2023 Latest Caselaw 9635 Mad

                                                                                W.A.No.1990 of 2023



                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED:       03.08.2023

                                                       CORAM :

                           THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
                                                           AND
                                    THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU


                                                 W.A.No.1990 of 2023

                     Boopathirajaa                                         ..   Appellant

                                                         Vs

                     1      The District Collector
                            Collectorate
                            Kallakurichi District.
                            Kallakurichi.

                     2      The District Revenue Officer
                            Kallakurichi
                            Kallakurichi District.

                     3      The Revenue Divisional Officer
                            Collectorate, Kallakurichi
                            Kallakurichi District

                     4      The Zonal Deputy Tahsildar
                            Kallakurichi Taluk
                            Kallakurichi District.

                     5      The Revenue Inspector
                            Kallakurichi
                            Kallakurichi District.                         ..   Respondents


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                     Page 1 of 5


https://www.mhc.tn.gov.in/judis
                                                                                    W.A.No.1990 of 2023




                     Prayer: Appeal under Clause 15 of the Letters Patent against the order
                     dated         27.10.2022    passed     by   the    learned    Single   Judge    in
                     W.P.No.28541 of 2022.


                                      For the Appellant          : Mr.N.Manoharan
                                                                   for Mr.V.Elangovan

                                      For the Respondents        : Mr.P.Muthukumar
                                                                   State Government Pleader
                                                                   assisted by
                                                                   Mr.K.Karthik Jagannath
                                                                   Government Advocate

                                                        JUDGMENT

(Delivered by the Hon'ble Chief Justice)

We have heard Mr.N.Manoharan, learned counsel for the

appellant, and Mr.P.Muthukumar, learned State Government

Pleader, assisted by Mr.K.Karthik Jagannath, learned Government

Advocate for the respondents.

2. Learned counsel for the appellant submits that in the

impugned notice the factual matrix is not at all considered by the

respondent authority. At least the documents produced by the patta

holders and those persons who are legitimately in occupation of the

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https://www.mhc.tn.gov.in/judis W.A.No.1990 of 2023

lands ought to have been considered. The learned Single Judge has

also not considered the said aspect.

3. The learned Single Judge has observed that the impugned

notice has been issued to find out whether there is any person in

possession of the subject property, except the persons belonging to

Adi Dravidar community. The appellant, during the course of the

enquiry, has opportunity to place on record the documents and put

forth his stand. Naturally, the same would be required to be

considered by the authority during the course of enquiry and if any

order is passed against the appellant, the appellant may assail the

same in accordance with law.

The writ appeal is disposed of accordingly. There will be no

order as to costs.

                                                         (S.V.G., CJ.)                (P.D.A., J.)
                                                                         03.08.2023
                     Index            :            Yes/No
                     Neutral Citation :            Yes/No
                     sasi



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https://www.mhc.tn.gov.in/judis W.A.No.1990 of 2023

To

1 The District Collector Collectorate Kallakurichi District.

Kallakurichi.

2 The District Revenue Officer Kallakurichi Kallakurichi District.

3 The Revenue Dvisional Officer Collectorate, Kallakurichi Kallakurichi District

4 The Zonal Deputy Tahsildar Kallakurichi Taluk Kallakurichi District.

                     5      The Revenue Inspector
                            Kallakurichi
                            Kallakurichi District.




                     __________

https://www.mhc.tn.gov.in/judis W.A.No.1990 of 2023

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU,J.

(sasi)

W.A.No.1990 of 2023

03.08.2023

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