Mr.S.B.Gandhi, v. The Chief Secretary,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.06.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU and WMP No.16745 of 2023 S.B.Gandhi .. Petitioner -vs1. The Chief Secretary, Government of Tamil Nadu, Fort St. George, Chepauk, Chennai 600 005.

2. The Principal Secretary, Government of Tamil Nadu, Revenue Department, Fort St. George, Chepauk, Chennai 600 005.

3. The Principal Secretary, Government of Tamil Nadu, Animal Husbandry Department, Fort St. George, Chepauk, Chennai 600 005.

4. The Principal Commissioner and Commissioner of Land Administration, Ezhilagam, Chennai 600 005.

5. The District Collector, Tiruvallur District, Collectorate Complex,

6. The District Revenue Officer,

Tiruvallur District, Collectorate Complex,

7. The Sub Registrar, Avadi Sub Registration, Office of the Sub Registrar, Avadi, Chennai.

8. The Tahsildar, Avadi Taluk, Avadi Post, Tiruvallur District.

9. R.Mahalakshmi 10.K.V.D.Kishor Kumar 11.N.Hema Malini 12.C.R.Narasimhalu Naidu 13.E.Rama Krishna Naidu .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the first respondent to hear the appeal/revision filed by the petitioner dated 18.07.2011 for retrieving the Government Lands in Survey no.294/3, 4 and 5 measuring an extent of Acre 39-90 Cents and in Survey no.294/2 measuring an extent of Acre 33-82 Cents in Morai Village, Avadi Taluk, Tiruvallur District.

For the Petitioner :

Mr.M.L.Ramesh For the Respondents :

Mr.P.Muthukumar, State Government Pleader, Assisted by Mrs.R.Anitha, Special Government Pleader, for RR 1 to 8 * * * * *

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) We have heard Mr.M.L.Ramesh, learned counsel for the petitioner.

2. The learned counsel for the petitioner submits that an appeal is filed by the Farmers' Association in the year 2011. The same is not yet decided by respondent No.2.

3. Mr.P.Muthukumar, learned State Government Pleader, appears for the official respondents.

4. We are not aware of the status of the appeal filed by the petitioner as contended by the petitioner. In case the appeal is filed by the petitioner and is pending with respondent No.2, then the petitioner may file an application before respondent No.2 for taking up the said appeal, which application shall be considered by respondent No.2 on its own merits. Certainly, the respondent No.2 is entitled to consider all the relevant aspects of the matter including the maintainability of the appeal, the locus and the merits.

With these observations, the writ petition stands disposed of. There will be no order as to costs. Consequently, connected miscellaneous petition is closed.

(S.V.G., CJ.) (P.D.A., J.) 15.06.2023 Index : yes/no : Yes/No sra To:

1. The Chief Secretary, Government of Tamil Nadu, Fort St. George, Chepauk, Chennai 600 005.

2. The Principal Secretary, Government of Tamil Nadu, Revenue Department, Fort St. George, Chepauk, Chennai 600 005.

3. The Principal Secretary, Government of Tamil Nadu, Animal Husbandry Department, Fort St. George, Chepauk, Chennai 600 005.

4. The Principal Commissioner and Commissioner of Land Administration, Ezhilagam, Chennai 600 005.

5. The District Collector, Tiruvallur District, Collectorate Complex,

6. The District Revenue Officer, Tiruvallur District, Collectorate Complex,

7. The Sub Registrar, Avadi Sub Registration, Office of the Sub Registrar, Avadi, Chennai.

8. The Tahsildar, Avadi Taluk, Avadi Post, Tiruvallur District.

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

(sra) 15.06.2023