R.Surendar vs The Sub Collector
2023 Latest Caselaw 15780 Mad

Madras High Court

R.Surendar vs The Sub Collector on 7 December, 2023

Author: D.Bharatha Chakravarthy

Bench: Sanjay V.Gangapurwala, D.Bharatha Chakravarthy

                                                                          WA No.2558 of 2023

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED:    07.12.2023

                                                      CORAM

                             THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
                                                         AND
                                  THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

                                                WA No.2558 of 2023
                                             and C.M.P.No.21592 of 2023

                     1.R.Surendar
                     2.N.Udayachander
                     3.N.Jayachandar                                      .. Appellants

                                                         -vs-

                     1. The Sub Collector,
                        Pollachi,
                        Coimbatore District.

                     2. The Tahsildar,
                        Pollachi Taluk,
                        Coimbatore Distirct.

                     3. Arulmihu Ammaneeswaraswamy Thirukovil
                        Rep by its Executive Officer, Karapadi,
                        Moolanur, Pollachi Taluk,
                        Coimbatore District.

                     4. Arulmihu Varadarajaperumal Thirukovil,
                        Rep by its Executive Officer, Moolanur
                        Pollachi Taluk, Coimbatore District

                     5. S.Sruthi



                     Page 1 of 6


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                                                                               WA No.2558 of 2023

                     6. S.Swathi                                                       ..
                     Respondents


                     Prayer: Writ appeal filed under Clause 15 of the Letters Patent
                     against the order of the learned Single Judge dated 20.09.2021
                     passed in W.P.No.33413 of 2015.



                     For the Appellants                 :     Mr.S.Thirumavalavan

                     For the Respondents                :     Mr.T.K.Saravanan
                                                              Government Advocate
                                                              for RR 1 & 2

                                                        :     Mr.NRR.Arun Natarajan
                                                              Spl.Government Pleader
                                                              For RR 3 and 4

                                                        :     Service awaited for RR 5 & 6

                                                            *****


                                                        JUDGMENT

(Delivered by the Hon'ble Chief Justice)

We have heard Mr.S.Thirumavaalavan, learned counsel for the

appellants, Mr.T.K.Saravanan, learned Government Advocate for the

respondent Nos. 1 and 2 and Mr.NRR.Arun Natarajan, learned Special

Government Pleader for respondent Nos.3 and 4.

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2. The appellants/petitioners had filed writ petition bearing

W.P.No.33413 of 2015 thereby challenging the order dated

20.08.2015 passed by the Sub-Collector, Pollachi, cancelling patta.

3. The learned Single Judge under the impugned order has

observed that it is open to the writ petitioners to assail the impugned

order in the first writ petition in a manner known to law if so advised

and if that be so. Likewise, the questions pertaining to title are left

open.

4. It is submitted that the District Revenue Officer has now

initiated the enquiry. The impugned order is of the year 2015. The

learned counsel for the appellants and the respondents do not dispute

that the said order of the Sub-Collector of the year 2015 is appellable

order. The learned Single Judge has also granted liberty to the

appellants to assail the said order. According to the learned counsel

for the appellants, now the appellants would file an appeal against

the order of the Sub-Collector passed in the year 2015. However, the

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benefit of limitation on account of pendency of the writ petition be

accorded to the appellants.

5. If the appellants file an appeal within fifteen days from

today, then the same would be construed within limitation. We have

observed so as the writ petition challenging the said order was

pending since the year 2015.

6. Needless to state, the contentions of the respective parties

are kept open.

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

order as to costs. Consequently, connected miscellaneous petition is

closed.

                                                           (S.V.G., CJ.)             (D.B.C., J.)
                                                                           07.12.2023
                     Index                   : Yes/No
                     Neutral Citation        : Yes/No

                     sra

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To

1. The Sub Collector, Pollachi, Coimbatore District.

2. The Tahsildar, Pollachi Taluk, Coimbatore Distirct.

3. The Executive Officer, Karapadi, Arulmihu Ammaneeswaraswamy Thirukovil Molanur, Pollachi Taluk, Coimbatore District.

4. The Executive Officer, Moolanur Arulmihu Varadarajaperumal Thirukovil, Pollachi Taluk, Coimbatore District

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THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(sra)

07.12.2023

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