T.Purushothaman vs The State Of Tamil Nadu
2023 Latest Caselaw 5549 Mad

                                                                            W.A.No.514 of 2023


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED:    06.06.2023

                                                         CORAM


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


                                                W.A.No.514 of 2023

                     T.Purushothaman                                   ..   Appellant

                                                          Vs
                     1.The State of Tamil Nadu,
                       rep. by the Revenue Divisional Officer,
                       Taluk Office Road,
                       Ponneri-601 204.

                     2.The Tahsildar,
                       Ponneri.

                     3.Muthu                                           ..   Respondents

                     Prayer: Appeal filed under Clause 15 of the Letters Patent against the
                     order made in W.P.No.19625 of 2017 dated 15.07.2022.


                                   For the Appellant       : Mr.M.Praveen Kumar
                                   For the Respondents     : Mrs.R.Anitha
                                                             Spl. Government Pleader
                                                             for respondents 1 and 2



                     Page 1 of 5


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                                                                               W.A.No.514 of 2023



                                                              : Mr.S.Parthasarathy
                                                                for respondent No.3

                                                        JUDGMENT

(Delivered by the Hon'ble Chief Justice)

We have heard Mr.M.Praveen Kumar, learned counsel for the

appellant; Mrs.R.Anitha, learned Special Government Pleader for

respondents 1 and 2 and Mr.S.Parthasarathy, learned counsel for

the third respondent.

2. The appellant challenges the judgment and order passed by

the learned Single Judge of this Court dated 15.07.2022 in

W.P.No.19625 of 2017. The learned Single Judge under the said

judgment and order recorded the statement of the Government

Advocate and passed an order directing respondents 1 and 2 not to

dispossess the appellant without following the due process of law.

3. Learned counsel for the appellant submits that the

Government does not have any power or authority to issue notice.

https://www.mhc.tn.gov.in/judis W.A.No.514 of 2023

4. Recording the statement of the Government Advocate, the

Court had already passed an order that the appellant shall not be

dispossessed without due process of law. In case, the Government

issues notice to the appellant, all the defences are available to the

appellant to agitate while contesting the notice. The grounds raised

by the appellant will have to be considered on its own merits by the

authority.

5. In the light of the above, we are not inclined to entertain

the present appeal.

6. The writ appeal stands disposed of accordingly. There will

be no order as to costs. Consequently, C.M.P.No.4875 of 2023 is

closed.

                                                             (S.V.G., CJ.)                (P.D.A., J.)
                                                                             06.06.2023
                     Index            : Yes/No
                     Neutral Citation : Yes/No
                     bbr

https://www.mhc.tn.gov.in/judis W.A.No.514 of 2023

To

1.The Revenue Divisional Officer, Taluk Office Road, Ponneri-601 204.

2.The Tahsildar, Ponneri.

https://www.mhc.tn.gov.in/judis W.A.No.514 of 2023

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

bbr

W.A.No.514 of 2023

06.06.2023

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