Madras High Court
Minor Dheeksheta Saai vs The Revenue Divisional Officer on 8 December, 2023
Author: D.Bharatha Chakravarthy
Bench: Sanjay V.Gangapurwala, D.Bharatha Chakravarthy
W.A.Nos.2932, 2738 & 2740 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.12.2023
CORAM
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.A.Nos.2932, 2738 & 2740 of 2023
Minor Dheeksheta Saai .. Appellant in
Rep. by natural Guardian & Mother WA No.2932/23
Padma Prashantini
Minor Udvaithaa Saai .. Appellant in
Rep. by natural Guardian & Mother WA No.2738/23
Padma Prashantini
M.Mangala Gowri .. Appellant in
WA No.2740/23
Vs.
1. The Revenue Divisional Officer
Chengalpattu Division
VOC Nagar, Chengalpattu
Tamil Nadu 603 001.
2. The Tahsildar
Thirukazhukundram Taluk
Taluk Office Respondents in
Thirukazhukundram 603 109. .. all W.As.
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W.A.Nos.2932, 2738 & 2740 of 2023
Prayer: Appeals filed under Clause 15 of the Letters Patent against
the common order dated 16.08.2022 made in W.P.Nos.24559 to
24561 of 2016.
For the Appellants : Mr.Sathish Parasaran
Senior Counsel
For Mr.G.Vivekanand
For the Respondents : Mr.K.Karthik Jegannath
Government Advocate
JUDGMENT
(Delivered by the Hon'ble Chief Justice)
We have heard Mr.Sathish Parasaran, learned Senior Counsel
for Mr.G.Vivekanand, learned counsel for the appellants and
Mr.K.Karthik Jegannath, learned Government Advocate for the
respondents.
2. The appellants had filed W.P.Nos.24559 to 24561 of 2016
challenging the order passed by the Tahsildar, Thirukazhukundram,
thereby observing that the land is classified as a Village Natham and
the request of the appellants for entitlement to the extent of 0.83
acres comprised in S.No.1447/7 in Nallathur Village, is not
acceptable. The learned Single Judge dismissed the writ petitions.
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W.A.Nos.2932, 2738 & 2740 of 2023
3. Amongst other contentions of the learned Senior Counsel
for the appellant, one of the contentions is that the appellants are in
possession of the subject writ land. The respondents cannot simply
enter the land occupied by the appellants and drive the appellants
out of the said land. The learned Senior Counsel relies upon Article
300A of the Constitution of India.
4. Learned Government Advocate supports the order passed by
the authority and the learned Single Judge.
5. The learned Single Judge has observed that the writ
petitioners are at liberty to work out their remedy before the trial
Court by filing appropriate suit and canvass all their grievances with
regard to the title over the subject property.
6. It would appear that the learned Single Judge has not
decided the issue of title and has given liberty to the appellants to
establish their title and interest before the competent civil Court or
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W.A.Nos.2932, 2738 & 2740 of 2023
such other forum as may be permissible under law. In that event, all
the contentions with regard to right and title of the appellants would
be open. The same has not been conclusively decided under the
impugned order passed by the learned Single Judge.
7. The respondents, if they intend to take any action for
eviction of the appellants, certainly will have to follow the procedure
of law of issuing notice and passing further orders, as may be
legally permissible.
8. With the aforesaid observations, the appeals stand disposed
of. There will be no order as to costs. Consequently,
C.M.P.Nos.23057, 23055, 24336, 23046, 23047 and 24337 of 2023
are closed.
(S.V.G., CJ.) (D.B.C., J.)
08.12.2023
Index : Yes/No
Neutral Citation : Yes/No
kpl
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W.A.Nos.2932, 2738 & 2740 of 2023
To
1. The Revenue Divisional Officer
Chengalpattu Division
VOC Nagar, Chengalpattu
Tamil Nadu 603 001.
2. The Tahsildar
Thirukazhukundram Taluk
Taluk Office
Thirukazhukundram 603 109.
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W.A.Nos.2932, 2738 & 2740 of 2023
THE HON'BLE CHIEF JUSTICE
AND
D.BHARATHA CHAKRAVARTHY, J.
(kpl)
W.A.Nos.2932, 2738 & 2740 of 2023
08.12.2023
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