P. Gunalan (Deceased) v. The Special Commissioner And Commissioner Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.08.2024

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MR. JUSTICE C.KUMARAPPAN and C.M.P.No.15677 of 2022 P. Gunalan (Deceased) G.Mallikeswari (Deceased) 1.V.Shanthi

2. S.Sakila 3.V.Saraswathy 4.S.Shobana ... Appellants Vs.

1. The Special Commissioner and Commissioner of Land Administration, Chepauk, Chennai-600005.

2. The District Revenue Officer, Salem, Salem District.

3. The Tahsildar, Yercaud Taluk, Salem District 1/5

M.Mariappan (Deceased)

4. M.Raju

5. M.Madhammal

6. M.Easwari

7. M.Muthumanickam

8. M.Murthy

9. M.Vijayan ... Respondents Prayer :- Writ Appeal filed under Clause 15 of Letters Patent, praying to set aside the order dated 04.03.2022 made in WP No.1332 of 2004 and allow the present WA.

For Appellants : Mr.S.Thendral for M/s.C.S.Associates For Respondents : Mr.A.Selvendran, Special Government Pleader (for R1 to R3), : Mr.J.Lakshmi Narayanan (for R4 to R9) J U D G E M E N T (Judgement of the Court was delivered by S.M.Subramaniam J.) The writ appeal has been instituted challenging the writ order dated 04.03.2022 made in WP No.1332 of 2004.

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2. The Writ Court dismissed the writ petition mainly on the ground that the Government assigned lands in favour of the appellants were alienated before completion of a period of 10 years, as stipulated in the Assignment Order and the Revenue Standing Order.

3. The condition stipulated, both in the assignment order and the revenue standing order are binding on the assignees. In paragraph no.5 of the order impugned, the learned Single Judge made a finding that the appellants sold the lands before completion of a period of 10 years in violation of the Revenue Standing Order and the conditions stipulated in the Order of Assignment. That being so, there is no scope for further adjudication of the ground raised on merits.

4. Thus, the writ appeal stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.

(S.M.S.J.,) (C.K.J.,) 01.08.2024 Index : Yes/No Internet: Yes/No Speaking order/Non-Speaking order (sha) 3/5

To

1. The Special Commissioner and Commissioner of Land Administration, Chepauk, Chennai-600005.

2. The District Revenue Officer, Salem, Salem District.

3. The Tahsildar, Yercaud Taluk, Salem District 4/5

S.M.SUBRAMANIAM, J.

and C.KUMARAPPAN, J.

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