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Madras High CourtWA/514/2023disposed of

T. Purushothaman v. The State Of Tamil Nadu

2023-06-06Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.06.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU T.Purushothaman ..

Appellant Vs 1.The State of Tamil Nadu, rep. by the Revenue Divisional Officer, Taluk Office Road, Ponneri-601 204.

2.The Tahsildar, Ponneri.

3.Muthu ..

Respondents Prayer: Appeal filed under Clause 15 of the Letters Patent against the order made in W.P.No.19625 of 2017 dated 15.07.2022. For the Appellant : Mr.M.Praveen Kumar For the Respondents : Mrs.R.Anitha Spl. Government Pleader for respondents 1 and 2

: Mr.S.Parthasarathy for respondent No.3

JUDGMENT

(Delivered by the Hon'ble Chief Justice) We have heard Mr.M.Praveen Kumar, learned counsel for the appellant; Mrs.R.Anitha, learned Special Government Pleader for respondents 1 and 2 and Mr.S.Parthasarathy, learned counsel for the third respondent.

2. The appellant challenges the judgment and order passed by the learned Single Judge of this Court dated 15.07.2022 in W.P.No.19625 of 2017. The learned Single Judge under the said judgment and order recorded the statement of the Government Advocate and passed an order directing respondents 1 and 2 not to dispossess the appellant without following the due process of law.

3. Learned counsel for the appellant submits that the Government does not have any power or authority to issue notice.

4. Recording the statement of the Government Advocate, the Court had already passed an order that the appellant shall not be dispossessed without due process of law. In case, the Government issues notice to the appellant, all the defences are available to the appellant to agitate while contesting the notice. The grounds raised by the appellant will have to be considered on its own merits by the authority.

5. In the light of the above, we are not inclined to entertain the present appeal.

6. The writ appeal stands disposed of accordingly. There will be no order as to costs. Consequently, C.M.P.No.4875 of 2023 is closed.

(S.V.G., CJ.) (P.D.A., J.) 06.06.2023 Index : Yes/No bbr

To 1.The Revenue Divisional Officer, Taluk Office Road, Ponneri-601 204.

2.The Tahsildar, Ponneri.

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

bbr 06.06.2023