← Library
Madras High CourtWP/9606/2022disposed of

C.Ramamoorthy v. The State Of Tamil Nadu

2022-04-20Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.04.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.9606 of 2022 W.M.P.Nos.9345 & 9348 of 2022 1.C.Ramamoorthy 2.K.Manoharan 3.R.Sagadevan 4.K.Selvi ... Petitioners Vs.

1.The State of Tamil Nadu, Represented by its Secretary to the Government, Revenue Department, Secretariat, Fort St.George, Chennai - 600 009.

2.The Commissioner Urban Land Ceiling & Land Reforms, Ezhilagam, Chepauk, Chennai - 600 005.

3.The District Revenue Officer, (Authorized Officer/Appellate Authority), Urban Land Ceiling & Land Reforms, Office of the Urban Land Ceiling & Land Reforms, Erode.

4.The Revenue Divisional Officer/ Competent Authority, Urban Land Ceiling & Land Reforms, Office of the Revenue Divisional Officer, Krishnagiri Taluk & District.

5.The Tahsildar, Office of the Tahsildar, Krishnagiri District.

... Respondents

Prayer:

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, forbearing the respondents from dispossessing or evicting the petitioners from the respective lands owned by them in survey no.223/1, Kuruparappalli village, Krishnagiri Taluk, Krishnagiri District pending disposal of the Appeal on the file of the third respondent in Na.Ka.No.22025/2019/LR1 dated 01.10.2019. For petitioner : Mr.P.G.Thiyagu For Respondents : Mr.M.Murali Government Advocate

ORDER

The petitioner has filed this petition to issue a Writ of Mandamus, forbearing the respondents from dispossessing or evicting the petitioners from the respective lands owned by them in survey no.223/1, Kuruparappalli village, Krishnagiri Taluk, Krishnagiri District, pending disposal of the Appeal on the file of the third respondent in Na.Ka.No.22025/2019/LR1 dated 01.10.2019.

2.

Mr.M.Murali, learned Government Advocate takes notice for the respondents. In view of the limited relief sought for in this petition and on the consent expressed by the learned counsel appearing on either side, this petition is taken up for final disposal.

3. The case of the petitioners is that the petitioners are the purchasers of the Land comprised in survey no.223/2B1, situated at No.64, Guruparapalli Village, Krishnagiri District. The subjective land had been declared as an excess land by the competent officer under Land Ceiling Act, by order dated 29.09.1981. Thereafter, the fourth respondent had passed the order dated 21.08.2019, holding that the purchase of the lands were taken place without prior approval of the competent authority/Assistant Commissioner and declared that the possession shall be handed over. Against the said order, the petitioners have filed a writ petition in W.P.No.28000 of 2019 before this Court and this Court by order dated 23.09.2019, permitted the petitioners to file a Statutory appeal and reserved their possession by granting 'Status Quo', in pursuant to the order passed by this Court, petitioners have preferred appeal before the third respondent on 04.10.2021. However, till date no action has been taken by the third respondent on the representation made

by the petitioners. Hence, the present Writ Petition has been filed by the petitioner for the above relief.

4. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court directs the third respondent to dispose the appeal filed by the petitioners dated 04.10.2021 within the time frame that may be fixed by this Court.

5. The learned Government Advocate appearing for the respondents submits that the appeal filed by the petitioners dated 04.10.2021 will be disposed by the third respondent within the time frame that may be fixed by this Court.

6. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case, directs the third respondent to dispose the petitioner's appeal dated 04.10.2021, and pass appropriate orders within a period of twelve weeks from the date of receipt of a copy of this order, till then Staus Quo shall be continued as per the earlier decision of this Court.

7. Accordingly, this writ petition is disposed of with the aforesaid direction.

No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS-VI) // True Copy // Sub Assistant Registrar tri/mn To 1.The Secretary to the Government, State of Tamil Nadu, Revenue Department, Secretariat, Fort St.George, Chennai - 600 009.

2.The Commissioner Urban Land Ceiling & Land Reforms, Ezhilagam, Chepauk, Chennai - 600 005.

3.The District Revenue Officer, (Authorized Officer/Appellate Authority), Urban Land Ceiling & Land Reforms, Office of the Urban Land Ceiling & Land Reforms, Erode.

4.The Revenue Divisional Officer/ Competent Authority, Urban Land Ceiling & Land Reforms, Office of the Revenue Divisional Officer, Krishnagiri Taluk & District.

5.The Tahsildar, Office of the Tahsildar, Krishnagiri District.

+1cc to Mr.P.G.Thiyagu, Advocate SR.No.26888 +1cc to the Government Pleader Sr.28160 [28/06/2022] W.P.No.9606 of 2022 W.M.P.Nos.9345 & 9348 of 2022 GPL(CO) CB(29/04/2022)