S. Varadharaj v. The Secretary To The Govt. Of
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 01.11.2023 Coram:
THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.P.No.2854 of 2012 and M.P.Nos.1 and 2 of 2012, 1 of 2015 and 2 of 2015 --- S.Varadharaj .. Petitioner Vs.
1. The Secretary to the Government of Tamil Nadu, Revenue and Land Administration Department, Fort St.George, Chennai-600 009.
2. The Principal Commissioner-cum-Commissioner of Land Reforms, Chepauk, Chennai-600 005.
3. The District Collector, Kancheepuram District, Kancheepuram.
4. The Joint Commissioner of Land Reforms, Villupuram.
5. The Assistant Commissioner of Land Reforms, Villupuram.
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6. The Tahsildar, Uthiramerur Taluk, Kancheepuram District.
7. S.Suresh
8. Chinnadurai .. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus to call for the records relating to the impugned G.O.Ms.No.220, Revenue, dated 17.02.1989 (C.No.E2/31792/88.(L.Ref).1) and consequential Tamil Nadu Government Gazette Notification, dated 25.01.1989 and to quash the same to the extent of Punja agricultural land comprised in Survey No.974/1 part (New No.974/1B) for total extent of 56 cents, situated at Peru Nagar Village, Uthiramerur Taluk, Kancheepuram District and consequently direct the respondents 1 to 6 to release the above said land to the petitioner from the assignment made by the fifth respondent in his proceeding, vide MR VI/957/70, dated 31.03.1989 in favour of the eighth respondent as per the sale deed and other documents of the petitioner.
For petitioner : Mr.D.Murthy For respondents: Mr.V.Veluchamy, Addl.G.P. for RR-1 to 6 No appearance for RR-7 and 8 2 / 6
ORDER
The petitioners have filed the above Writ Petition praying for issuance of a Writ of Certiorarified Mandamus to call for the records relating to the impugned G.O.Ms.No.220, Revenue, dated 17.02.1989 (C.No.E2/31792/88.(L.Ref).1) and consequential Tamil Nadu Government Gazette Notification, dated 25.01.1989 and to quash the same to the extent of Punja agricultural land comprised in Survey No.974/1 part (New No.974/1B) for total extent of 56 cents, situated at Peru Nagar Village, Uthiramerur Taluk, Kancheepuram District and consequently direct the respondents 1 to 6 to release the above said land to the petitioner from the assignment made by the fifth respondent in his proceeding, vide MR VI/957/70, dated 31.03.1989 in favour of the eighth respondent as per the sale deed and other documents of the petitioner.
2. It is stated by the learned counsel for the petitioner that pending this Writ Petition, the petitioner has filed a Civil Suit in 3 / 6
O.S.No.46 of 2022 on the file of Assistant Sub-Court, Kanchipuram. Hence, the petitioner is at liberty to work out his remedy in the manner known to law in the said pending civil suit, as right, title and interest of the parties are involved in the matter.
3. With the above said liberty, the Writ Petition is disposed of. There shall be no order as to costs. Consequently, the miscellaneous petition filed to amend the prayer, the miscellaneous petition filed to implead the proposed parties and other miscellaneous petitions are closed.
01.11.2023 cs To
1. The Secretary to the Government of Tamil Nadu, Revenue and Land Administration Department, Fort St.George, Chennai-600 009.
2. The Principal Commissioner-cum-Commissioner of Land Reforms, Chepauk, Chennai-600 005.
3. The District Collector, 4 / 6
Kancheepuram District, Kancheepuram.
4. The Joint Commissioner of Land Reforms, Villupuram.
5. The Assistant Commissioner of Land Reforms, Villupuram.
6. The Tahsildar, Uthiramerur Taluk, Kancheepuram District.
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P.VELMURUGAN, J cs W.P.No.2854 of 2012 01.11.2023 6 / 6