State Bank Of India v. The District Revenue Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.07.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU State Bank of India Stressed Assets Recovery Branch Indian Red Cross Society Building No.32, Montieth Road, Egmore Chennai 600 008 Rep. By its Authorised Officer.

..

Appellant Vs.

1. The District Revenue Officer VOC Nagar, Chengalpattu 603 001.

2. Tahsildar Vandalur Taluk Office Otteri, Perrkankaranai Vandalur, Chennai 600 048.

3. Sub Registrar No.29, South Mada Street Thriuporur 603 110.

4. Additional Chief Secretary/ Commissioner of Land Administration Ezhilagam Complex, Chepauk Chennai 600 005.

..

Respondents

Prayer: Appeal filed under Clause 15 of the Letters Patent against the order dated 31.10.2022 in W.P.No.27177 of 2022. For the Appellant : Mr.M.L.Ganesh For the Respondents : Mr.K.Karthik Jagannathan Government Advocate

JUDGMENT

(Delivered by the Hon'ble Chief Justice) We have heard Mr.M.L.Ganesh, learned counsel for the appellant and Mr.K.Karthik Jagannathan, learned Government Advocate for the respondents.

2. Learned counsel for the appellant submits that the writ petition was filed by the present appellant against the respondents seeking a limited prayer of disposing of their appeal filed before the fourth respondent. However, the learned Single Judge made observations on the classification of the land. The same would not be the subject matter in the writ petition.

3. The appellant has sought an innocuous relief before the learned Single Judge, namely, to decide the appeal pending before the fourth respondent. The learned Single Judge, on the merits of the contentions, has disposed of the writ petition by making certain observations.

4. The scope of the writ petition is limited. Whether the land was properly classified, whether the appeal of the appellant/writ petitioner is tenable or whether any relief can be granted to the appellant/writ petitioner, are matters to be considered by the fourth respondent on its own merits.

5. In the light of that, we set aside the order passed by the learned Single Judge and direct the fourth respondent to decide the appeal filed by the appellant/writ petitioner on its own merits and in accordance with law, expeditiously.

6. The writ appeal is, accordingly, disposed of. There will be no order as to costs.

(S.V.G., CJ.) (P.D.A., J.) 12.07.2023 Index : Yes/No kpl To

1. The District Revenue Officer VOC Nagar, Chengalpattu 603 001.

2. Tahsildar Vandalur Taluk Office Otteri, Perrkankaranai Vandalur, Chennai 600 048.

3. Sub Registrar No.29, South Mada Street Thriuporur 603 110.

4. Additional Chief Secretary/ Commissioner of Land Administration Ezhilagam Complex, Chepauk Chennai 600 005.

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

(kpl) 12.07.2023