Madras High Court
Selvarasu vs The District Collector on 9 August, 2023
W.A.Nos.1309 and 1314 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.08.2023
CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
W.A.Nos.1309 and 1314 of 2023
Selvarasu .. Appellant in
W.A.No.1309 of 2023
Kaveriyammal .. Appellant in
W.A.No.1314 of 2023
Vs
1.The District Collector,
The Office of District Collector,
Villupuram District,
Villupuram.
2.The Revenue Divisional Officer,
The Office of Revenue Divisional Officer,
Kallakurichi,
Villupuram District.
3.The Tahsildhar,
The Office of Tahsildhar,
Chinna Salem,
Villupuram District.
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W.A.Nos.1309 and 1314 of 2023
4.The Block Development Officer,
Block Development Office (BDO),
Chinna Salem,
Villupuram Distirct.
5.The Addl. Block Development Officer (Addl. BDO),
Chinna Salem,
Villupuram District. .. Respondents
in both WAs
Prayer: Appeals under Clause 15 of the Letters Patent against the
common order dated 29.08.2022 passed by the learned Single Judge
in W.P.Nos.41030 and 41031 of 2015.
For the Appellants : Mr.Naveenkumar Moorthy
for M/s.S.Varsha
For the Respondents : Mr.P.Muthukumar
State Government Pleader
assisted by
Mrs.R.Anitha
Spl. Government Pleader
COMMON JUDGMENT
(Delivered by the Hon'ble Chief Justice)
We have heard Mr.Naveenkumar Moorthy, learned counsel for
the appellants and Mr.P.Muthukumar, learned State Government
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W.A.Nos.1309 and 1314 of 2023
Pleader, assisted by Mrs.R.Anitha, learned Special Government
Pleader for the respondents.
2. The appellants assail the order passed by the learned Single
Judge only to the extent of giving liberty to the respondents to lay
the road in Survey Nos.153/2C and 153/4B.
3. Learned counsel for the appellants submits that the learned
Single Judge erroneously came to the conclusion that the lands in
Survey Nos.153/2C and 153/4B are classified as Nilaviyal Pathai.
According to learned counsel, the said lands are not Nilaviyal Pathai.
Learned counsel relies upon the revenue extract to substantiate his
case.
4. According to learned State Government Pleader, the lands
in Survey Nos.153/2C and 153/4B are Nilaviyal Pathai. They are
never re-classified and the classification of these lands stands as
Nilaviyal Pathai.
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W.A.Nos.1309 and 1314 of 2023
5. In fact, the learned Single Judge, while arriving at the
conclusion that the lands in Survey Nos.153/2C and 153/4B are
classified as Nilaviyal Pathai, has not discussed the same in detail,
nor has considered the contentions of the counsel for the appellants.
The documents placed on record were also not considered.
6. As the contentions of learned counsel for the appellants
with regard to the classification of the lands in Survey Nos.153/2C
and 153/4B were not considered by the learned Single Judge, we set
aside the said part of the order.
7. The learned Single Judge has set aside the orders impugned
before him on the ground that the same were passed without
affording sufficient opportunity of personal hearing to the
appellants. Paragraph 8 of the impugned order shall also meet the
same fate.
8. In the light of that, the orders impugned before the learned
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W.A.Nos.1309 and 1314 of 2023
Single Judge are set aside and the matter is remitted to the
authority for consideration afresh. The appellants may place on
record their stand and all the relevant documents to substantiate
their case.
9. The writ appeals are, accordingly, disposed of. There will be
no order as to costs. Consequently, C.M.P.No.12960, 12962 and
12974 of 2023 are closed.
(S.V.G., CJ.) (P.D.A., J.)
09.08.2023
Index : Yes/No
Neutral Citation : Yes/No
bbr
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W.A.Nos.1309 and 1314 of 2023
To
1.The District Collector,
The Office of District Collector,
Villupuram District,
Villupuram.
2.The Revenue Divisional Officer,
The Office of Revenue Divisional Officer,
Kallakurichi,
Villupuram District.
3.The Tahsildhar,
The Office of Tahsildhar,
Chinna Salem,
Villupuram District.
4.The Block Development Officer,
Block Development Office (BDO),
Chinna Salem,
Villupuram Distirct.
5.The Addl. Block Development Officer (Addl. BDO),
Chinna Salem,
Villupuram District.
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W.A.Nos.1309 and 1314 of 2023
THE HON'BLE CHIEF JUSTICE
AND
P.D.AUDIKESAVALU,J.
bbr
W.A.Nos.1309 and 1314 of 2023
09.08.2023
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