The Commissioner Of Land ... vs Sheik Abdullah
2023 Latest Caselaw 5688 Mad

                                                                  W.A.(MD) No.794 of 2023


                                  BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED : 07.06.2023

                                                      CORAM:

                                    THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
                                                      and
                                   THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI


                                              W.A.(MD) No.794 of 2023
                                                        and
                                             C.M.P.(MD) No.6518 of 2023


                 1.The Commissioner of Land Administration
                   Tamilnadu, Chennai

                 2.The District Collector
                   Sivagangai District

                 3.The District Revenue Officer
                   Sivagangai District

                 4.The Tahsildhar
                   Karaikudi Taluk
                   Sivagangai District                                          ... Appellants

                                                        -vs-

                 1.Sheik Abdullah

                 2.The Commissioner
                   Karaikudi Municipality
                   Karaikudi District                                           ... Respondents




                 ____________
                 Page 1 of 4

https://www.mhc.tn.gov.in/judis
                                                                        W.A.(MD) No.794 of 2023


                           Writ Appeal filed under Clause 15 of Letters Patent to set aside the

                 order, dated 24.08.2022, passed in W.P.(MD) No.13708 of 2022, on the file of

                 this Court.



                                  For Appellants    : Mr.Veera Kathiravan
                                                      Additional Advocate General
                                                      assisted by Mr.S.P.Maharajan
                                                      Special Government Pleader

                                  For Respondents   : Mr.K.P.Narayanakumar for R1



                                                      JUDGMENT

[Judgment of the Court was made by R.SUBRAMANIAN, J.]

The Writ Court has only directed correction of the revenue records

based on the Judgment of the Civil Court, which, as of today, is final. The

Civil Court, in the process of deciding the suit, has also decided the question

of title as well as the validity of the order of cancellation of the Pattas granted

under the Settlement Act by the revenue officials. We, therefore, do not think

that we can fault with the Writ Court for having issued a positive direction.

Hence, this writ appeal fails and it is accordingly dismissed.

____________

https://www.mhc.tn.gov.in/judis W.A.(MD) No.794 of 2023

2. Mr.Veera Kathiravan, learned Additional Advocate General,

appearing for the appellants, would submit that the Government has filed an

appeal against the Judgment of the Civil Court.

3. The Appellate Court will consider the appeal preferred by the

Government, without being influenced by any of the observations made in the

order passed by the Writ Court or by us in this writ appeal. No costs.

Consequently, connected miscellaneous petition is closed.

                                                              [R.S.M., J.]          [L.V.G., J.]
                                                                       07.06.2023
                 NCC      : Yes / No
                 Index : Yes / No
                 Internet : Yes / No

                 krk




                 ____________

https://www.mhc.tn.gov.in/judis W.A.(MD) No.794 of 2023

R.SUBRAMANIAN, J.

and L.VICTORIA GOWRI, J.

krk

W.A.(MD) No.794 of 2023 and C.M.P.(MD) No.6518 of 2023

07.06.2023

____________

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