The Tahsildar v. A. Nagarajan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.4.2018
CORAM
THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.A.No.865 of 2018 and C.M.P.No.7642 of 2018
1. The Tahsildar, Taluk Office, Omalur Taluk, Salem District.
2. The Special Tahsildar (Land Acquisition), Neighbourhood Scheme, Iyyanthirumaligai, Salem 8.
Appellants/ Respondents
Versus
1. A.Nagarajan
2. A.Ganesan
3. P.Senthilkumar
4. Vedathal
5. A.S.Srinivasan Respondents/ Petitioners Prayer: Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 21.8.2017 passed in W.P.No.16675 of 2017 on the file of this court.
Prayer in WP 16675/17 : Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 1st Respondent to change the Revenue records Viz. Patta Chitta Adngal etc in favour of the petitioners inrespect of land in survey No.68/ 3B to an extent of 0.98.5 Hecs. at Kottagoundampatti Village Omlur Taluk without insisting No Objection Certificate from the 2nd respondent as per the liberty granted in W.P.No.20806 of 2014 dated 11.08.2016 For appellant : Mr.R.Govindasamy, Special Government Pleader For respondent : Mr.M.Elango
JUDGMENT
(Judgment of the court was made by HULUVADI G.RAMESH, J.) Heard the learned Special Government Pleader appearing for the appellant and Mr.M.Elango, learned counsel, who takes notice on behalf of the respondents.
2. The writ appeal is filed by the appellants challenging the order passed by the learned Single Judge directing the authority-first appellant to change the revenue records viz., Patta, Chitta, Adangal, etc., in favour of the writ petitioners in respect of the land in dispute.
3. It appears that the acquisition proceedings initiated against the writ petitioners/respondents herein stood quashed by the judgment in W.A.No.368 of 2013 against which the Government had moved the Apex Court by filing C.A.Nos.5905 and 5906 of 2015, which were dismissed and thereby the quashing of the acquisition proceedings was confirmed and in the meanwhile, in a writ petition in W.P.No.20806 of 2014, filed by the writ petitioners seeking a direction for change of revenue records, a liberty was granted to the writ petitioners to seek such a relief after disposal of the proceedings before the Apex Court. Accordingly, the writ petitioners had sought for such a relief in the present writ petition and it has been granted by the learned Single Judge. Therefore, we are of the view that nothing survives for consideration in the writ appeal. It is for the appellants to do the needful to comply with the direction issued by the learned Single Judge. The writ appeal is dismissed. No costs. The connected miscellaneous petition is also dismissed.
Sd/- Asst.Registrar (CS VIII) /true copy/ Sub Asst. Registrar ssk.
To:
1. The Tahsildar, Taluk Office, Omalur Taluk, Salem District.
2. The Special Tahsildar (Land Acquisition), Neighbourhood Scheme, Iyyanthirumaligai, Salem 8.
+1cc to Mr.M.Elango, Advocate, sr.no.30109 W.A.No.865 of 2018 SKV(CO) RRK(29/05/18)