Madras High Court
The Commissioner Of Land ... vs S.Ramakrishnan on 18 March, 2025
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
W.A.(MD)No.1194 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 18.03.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
and
THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN
W.A.(MD)No.1194 of 2022
and
C.M.P.(MD)No.9347 of 2022
1.The Commissioner of Land Administration,
Chepauk,
Chennai.
2.The District Collector,
Sivagangai District,
Sivagangai.
3.The District Revenue Officer,
Sivagangai District,
Sivagangai.
4.The Tahsildar,
Manamadurai Taluk,
Manamadurai,
Sivagangai District. ... Appellants / Respondents
Vs.
S.Ramakrishnan ... Respondent / Writ Petitioner
1/6
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W.A.(MD)No.1194 of 2022
Prayer : Writ Appeal filed under Clause XV of Letters Patent, to allow
the writ appeal and set aside the order dated 10-08-2021 in
W.P(MD).No.13889 of 2021 on the file of this Court.
For Appellants : Mr.Veera Kathiravan,
Addl. Advocate General,
Assisted by Mr.S.R.A.Ramachandran,
Addl. Government Pleader.
For Respondent : Mr.K.C.Ramalingam
JUDGMENT
(Judgment of the court was delivered by G.R.Swaminathan, J.)
The first respondent / Ramakrishnan filed W.P.(MD)No.13889 of
2021 for issuance of patta. The learned Single Judge noted that the writ
petitioner is having a decree in his favour in O.S.No.90 of 2008 on the
file of the Principal District Munsif Court, Manamadurai. In that view of
the matter, the writ petition was allowed. Aggrieved by the same, this
writ appeal has been filed.
2.When the matter was taken up for hearing, the learned Additional
Government Pleader pointed out that questioning the decree granted in
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favour of the writ petitioner, the department filed appeal. But there was
delay in filing the appeal. The condone delay petition was dismissed.
Challenging the same, the District Administration filed
C.R.P.(MD)No.3125 of 2023. The civil revision petition was allowed on
18.02.2025 on payment cost of Rs.10,000/-. It appears that the writ
petitioner refused to receive the cost. Now the amount has been directed
to be deposited to the credit of the suit. The learned Additional
Government Pleader states that the cost is going to be remitted by today
ie., 18.03.2025 itself. In any event, the appellant has time till 28.03.2025
for remitting the cost.
3.Since this Court had condoned the delay in C.R.P.(MD)No.3125
of 2023, the appellate Court has to take up the appeal on file and dispose
of it on merits and in accordance with law. Till the disposal of the
appeal, the order of learned Single Judge will be put on hold and not
enforced. The rights of the parties will abide by the outcome of the
appeal.
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4.The writ appeal is disposed of accordingly. No costs.
Consequently, connected miscellaneous petition is closed.
(G.R.S. J.,) & (M.J.R. J.,)
18.03.2025
NCC : Yes/No
Index : Yes / No
Internet : Yes/ No
ias
To:
1.The Commissioner of Land Administration,
Chepauk, Chennai.
2.The District Collector,
Sivagangai District,
Sivagangai.
3.The District Revenue Officer,
Sivagangai District,
Sivagangai.
4.The Tahsildar,
Manamadurai Taluk,
Manamadurai,
Sivagangai District.
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https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/03/2025 05:18:46 pm )
G.R.SWAMINATHAN, J.
and
M.JOTHIRAMAN, J.
ias
18.03.2025
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