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Madras High CourtWA/1786/2018disposed of

M.Liyagath Ali v. The District Collector

2021-02-17Honourable The Chief Justice,Honourable Mr Justice Senthilkumar Ramamoorthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.02.2021 CORAM :

THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY 1.M.Liyagath Ali 2.Thowlath Unnisa .. Appellants Vs.

1.The District Collector, Villupuram.

2.The Tahsildar, Ulundurpet, Villupuram District.

.. Respondents Prayer: Appeal under Clause 15 of the Letters Patent against the common judgment dated 27.11.2013 made in W.P.No.27773 of 2013. For Appellants : Mr.T.Gandhi For Respondents : Mr.V.Jayaprakash Narayanan State Government Pleader

JUDGMENT

(Delivered by the Hon'ble Chief Justice) The appeal is directed against an order of November 11, 2013, by which the appellants' writ petition has been dismissed primarily on the ground that the appellants had purported to question an order passed by the District Collector which was founded on the classification of the land in question.

2. According to the appellants, and as has been recorded in the order impugned, the land was classified otherwise and was purported to be changed to Adi Dravidar Punjai Tharisu. The appellants claim that the appellants had no knowledge of the alteration in the classification, nor were the appellants given any notice in such regard.

3. The Writ Court, quite appropriately, held that as long as the land remained classified as it was, no right of the appellants could be recognised in respect thereof. The order impugned is unimpeachable in such regard.

4. The appellants say that they have now applied for reclassification of the land. If such is the case, the application for reclassification apparently filed by the appellants may be proceeded with and considered in accordance with law uninfluenced by the order impugned herein. In the event the appellants succeed in having the land re-classified, the appellants should not be prejudiced or denied any benefits due to the appellants only by virtue of the judgment and order impugned.

WA.No.1786 of 2018 is disposed of with the above observation and without interfering with the order impugned at this stage. There will be no order as to costs.

(S.B., CJ.) (S.K.R., J.) 17.02.2021 Index : No sasi

To:

1.The District Collector, Villupuram.

2.The Tahsildar, Ulundurpet, Villupuram District.

THE HON'BLE CHIEF JUSTICE AND SENTHILKUMAR RAMAMOORTHY, J.

(sasi) 17.02.2021