S.Ananda Prasad vs The State Of Tamil Nadu
2023 Latest Caselaw 13116 Mad

                                                                                 W.A. No.2923 of 2021

                                      IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED:    25.09.2023

                                                            CORAM

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

                                                      W.A. No.2923 of 2021

                     S.Ananda Prasad                                              ...    Appellant

                                                               -vs-

                     1. The State of Tamil Nadu
                        Rep. by its Principal Secretary and Commissioner
                           of Land Administration
                        Chepauk, Chennai – 600 005.

                     2. The District Revenue Officer
                        Collectorate
                        Bangalore Highway Road
                        Krishnagiri – 635 001.                                    ...   Respondents



                     Prayer: Writ appeal filed under Clause 15 of the Letters Patent to set
                     aside the order dated 26.08.2021 in W.P. No. 22381 of 2010 passed by
                     the learned Single Judge.


                                  For the Appellant       :: Mr. P.J.Rishikesh

                                  For the Respondents     :: Mr. K.Karthick Jeganath
                                                             Government Advocate



                     Page 1 of 5


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                                                                                      W.A. No.2923 of 2021



                                                            JUDGMENT

(Delivered by the Hon'ble Chief Justice)

We have heard Mr.P.J.Rishikesh, learned counsel for the

appellant and Mr. K.Karthik Jegannath, learned Government Advocate

for the respondents.

2. The writ petition was filed by the appellant challenging the

proceedings and the order passed by the first respondent. The

appellant was issued with patta in respect of land in Survey No.68/3,

but was refused grant of patta in respect of land in Survey No.56/2.

3. It appears that as per the order of Settlement Officer dated

29.10.1969, the land in S.No.56/2 was admitted as land meant for

grazing purpose by one Krishna Prasad, son of Balram Prasad. At the

time when the order was passed by the Settlement Officer, the land

stood in the joint name of Krishna Prasad and Narayana Prasad.

4. Learned Single Judge, in view of the said order of the

Settlement Officer dated 29.10.1969, held that the land in Survey

https://www.mhc.tn.gov.in/judis W.A. No.2923 of 2021

No.56/2 is meant for grazing and recording the land as grazing ground

Poramboke did not interfere in the matter. We do not find any error

committed by the learned Single Judge while passing the order.

5. According to the learned counsel for the appellant /petitioner,

the order dated 29.10.1969 passed by the Settlement Officer was

given to the appellant during the pendency of the writ petition in the

year 2021. The appellant has no knowledge about the same.

6. In case the petitioner was aggrieved by the order dated

29.10.1969, the said order ought to have been challenged. As long as

that order is in force, no contrary order can be passed.

7. Learned counsel for the appellant /petitioner submits that the

appellant may be given liberty to challenge the order dated

29.10.1969 passed by the Settlement Officer. In case, the appellant

has any remedy still available under law, then the appellant may assail

the same in a manner and as may be permissible.

https://www.mhc.tn.gov.in/judis W.A. No.2923 of 2021

8. With these observations, the writ appeal stands disposed of.

No costs.

                                                             (S.V.G., CJ.)                (P.D.A., J.)
                                                                             25.09.2023
                     Index                   : Yes/No
                     Neutral Citation        : Yes/No

                     Maya

                     To

1. The Principal Secretary and Commissioner of Land Administration Chepauk, Chennai – 600 005.

2. The District Revenue Officer Collectorate Bangalore Highway Road Krishnagiri – 635 001.

https://www.mhc.tn.gov.in/judis W.A. No.2923 of 2021

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

(Maya)

W.A. No.2923 of 2021

25.09.2023

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