Madras High Court
Bhanumathi vs The Special Commissioner And on 10 July, 2023
W.A. No.2845 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated 10.07.2023
CORAM:
THE HONOURABLE MR. JUSTICE D.KRISHNAKUMAR
and
THE HONOURABLE MR. JUSTICE P.B.BALAJI
W.A. No.2845 of 2018
and CMP.Nos.23683 and 23684 of 2018
Bhanumathi .. Appellant
Vs.
1. The Special Commissioner and
Commissioner of Land Admn.,
Chepauk, Chennai 5.
2. The Collector of Nilgiris District,
Uthagamandalam/Nilgiris 643001.
3. The Revenue Divisional Officer,
Gudalur, Nilgiris 643 212.
4. The Superintendent of Police,
Nilgiris District,
Uthagamandalam/Nilgiris 643001. .. Respondents
Writ Appeal filed under Clause 15 of the Letters Patent against the
order dated 02.11.2018 made in WP.No.12281 of 2013 passed by the
learned Single Judge of this Court.
Page No.1 / 5
https://www.mhc.tn.gov.in/judis
W.A. No.2845 of 2018
For appellant : Mr.Rajnish Pathiyil
For respondents : Mrs.Geetha Thamaraiselvan
JUDGMENT
(The Judgment of the Court was delivered by D.KRISHNAKUMAR, J)
The appellant filed the above Writ Petition praying to forbear the
respondents from dispossessing him except by due process of law.
2. It is the contention of the appellant that she purchased the property
measuring an extent of 3 acres in Survey No.165/3 by way of a registered
sale deed for a valuable consideration. The land was initially assigned to the
originally assignee. Since the original assignee had committed certain
violations of the terms and conditions of the assignment, the authorities had
initiated action against the original assignee and the matter went up to the
Supreme Court of India and order was passed in favour of the Department.
https://www.mhc.tn.gov.in/judis
W.A. No.2845 of 2018
Therefore, the appellant filed the above Writ Petition praying to forbear the
respondents from dispossessing the petitioner except by due process of law.
3. The learned Single Judge while dismissing the Writ Petition has
observed as follows:
"10.This apart, the relief sought for to forbear the petitioner and her family
from the property, which can be done only be following the due process of
law, seems to be an omnibus prayer and the same cannot be granted.
11.This Court is of an opinion that the authorities competent are
empowered to follow the procedures contemplated for restoring the land
and accordingly, dispossess the petitioner in accordance with the procedures
contemplated."
4. In the light of the order of the learned Single Judge, this Court is of
the view that the respondents are empowered to restore the land as per the
procedure contemplated under law. We make it clear that if the respondent
initiates the proceedings for recovery of possession against the first
respondent, the same shall be done in accordance with law as observed by
the Writ Court after giving opportunity to the appellant.
https://www.mhc.tn.gov.in/judis
W.A. No.2845 of 2018
5. With the above directions, the Writ Appeal is disposed of.
No costs. Consequently, connected miscellaneous petitions are closed.
[D.K.K., J] [P.B.B., J.]
10.07.2023
Speaking order: Yes/No
Index : Yes/No
pvs
To
1. The Special Commissioner and
Commissioner of Land Admn.,
Chepauk, Chennai 5.
2. The Collector of Nilgiris District,
Uthagamandalam/Nilgiris 643001.
3. The Revenue Divisional Officer,
Gudalur, Nilgiris 643 212.
4. The Superintendent of Police,
Nilgiris District,
Uthagamandalam/Nilgiris 643001.
https://www.mhc.tn.gov.in/judis
W.A. No.2845 of 2018
D.KRISHNAKUMAR, J.
and
P.B.BALAJI, J.
pvs
W.A. No.2845 of 2018
10.07.2023
https://www.mhc.tn.gov.in/judis
