The State Of Tamil Nadu vs Swarna Sethuraman
2024 Latest Caselaw 410 Mad

Madras High Court

The State Of Tamil Nadu vs Swarna Sethuraman on 5 January, 2024

Author: G.Jayachandran

Bench: G.Jayachandran

                                                                               W.A.(MD).No.888 of 2016

                             BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED: 05.01.2024

                                                       CORAM

                                  THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
                                                     AND
                                     THE HON'BLE MR.JUSTICE C.KUMARAPPAN

                                              W.A.(MD).No.888 of 2016
                                                        and
                                             C.M.P.(MD).No.5357 of 2016

                     1.The State of Tamil Nadu,
                       Represented by the District Collector,
                       Nagercoil.

                     2.The Tahsildar,
                       Kalkulam Taluk,
                       Kanyakumari District.

                     3.The District Forest Officer,
                       Kanyakumari District,
                       Nagercoil.                               .. Appellants/Respondents 1 to 3

                                                          Vs.

                     1.Swarna Sethuraman

                     2.Babu                              .. Respondents 1 and 2/Writ Petitioners




                     Page 1 of 5




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                                                                                   W.A.(MD).No.888 of 2016



                     3.Rashme Aras

                     4.Preethi Aras                      .. Respondents 3 and 4/ Respondents 4 and 5

                     PRAYER: Writ Appeal filed under Clause 15 of Letters Patent, praying to
                     set aside the order dated 09.02.2009 made in W.P.(MD).No.11432 of 2005
                     and allow the Writ Appeal.

                                        For Appellants    : Mr.D.Sachikumar
                                                            Additional Government Pleader

                                        For Respondent    : Mr.G.Thalaimutharasu


                                                         JUDGMENT

DR.G.JAYACHANDRAN,J.

and C.KUMARAPPAN,J.

This Writ Appeal is filed by the State being aggrieved by the order

passed in W.P.(MD).No.11432 of 2005 dated 09.02.2009.

2. The Writ Appeal pertains to issuance of Mandamus regarding grant

of patta in favour of the respondents 1 and 2/writ petitioners. The writ

petitioners based their rights based on the decree of the Civil Court. Despite

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obtaining decree, the authorities did not grant patta. Hence, the Writ

Petition seeking a writ of Mandamus was filed and the same was allowed by

this Court on 09.02.2009. Against which, the State has preferred the present

Writ Appeal on the ground that the decree of the Civil Court has not attained

finality as the State has preferred a Second Appeal, which is pending before

this Court.

3. When the matter came up for final disposal in an earlier occasion

before this Court, the learned Special Government Pleader submitted that

the Second Appeal in S.A.(MD).No.501 of 2015 preferred by the State

against the decree in favour of the respondents was admitted and interim

stay was granted.

4. Admittedly, the Second Appeal in S.A.(MD).No.501 of 2015 is

pending for disposal. In view of the above fact, the impugned order passed

in W.P.(MD).No.11432 of 2005 dated 09.02.2009 is liable to be set aside.

Hence, the Writ Appeal preferred by the State is allowed with liberty to the

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respondents 1 and 2/writ petitioners to work out their remedy in accordance

with law after the disposal of the Second Appeal in S.A.(MD).No.501 of

2015. There shall be no order as to costs. Consequently, connected

miscellaneous petition stands closed.

                                                                   (G.J.,J.) (C.K.,J.)
                                                                       05.01.2024
                     NCC      : Yes / No
                     Index    : Yes / No
                     Internet : Yes / No
                     Lm

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DR.G.JAYACHANDRAN,J.

and C.KUMARAPPAN,J.

Lm

05.01.2024

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