The Executive Officer v. P.Radhakrishnan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.4.2022 CORAM :

THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.A.No.2762 of 2021 & CMP.No.18147 of 2021 The Executive Officer, Arulmigu Vaidyanathan Swami Thirukoil, Thittakudi, Cuddalore District.

.. Appellant vs 1.P.Radhakrishnan 2.R.Jayanthi 3.P.Gunasekaran 4.The District Revenue Officer, Cuddalore, Cuddalore District.

5.The Revenue Divisional Officer, Virudhachalam, Cuddalore.

6.The Joint Commissioner, Hindu Religious and Charitable Endowment Board, Villupuram, Villupuram District.

.. Respondents Prayer: Appeal under Clause 15 of the Letters Patent against the order dated 30.6.2021 in W.P.No.27864 of 2012. Prayer in WP.No.27864 of 2012: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of certiorarified mandamus calling for the records of the 1st respondent vide proceedings Na. Ka. V3/25088/2012 dt 24.9.2012 confirming the order of the 2nd respondent vide Na. Ka.

A4/2478/2012 dt 23.8.2012 and quash the same and directing the respondents to issue the patta to the petitioners vide patta No. 853 in Survey No. 120/1 For Appellant : Mr.AR.L.Sundaresan, Senior Counsel for Mr.K.V.Dhanapalan For Respondents : Mr.S.Udayakumar for R1 to R3 Mr.P.Muthukumar, State Government Pleader for R4 and R5 Mr.NRR.Arun Natarajan, Special Government Pleader for R6

JUDGMENT

(Judgment was delivered by the Hon'ble Chief Justice) Learned counsel appearing for the respective parties submit that this appeal was the subject matter of appeal in W.A.No.631 of 2022 decided by the judgment dated 23.3.2022 and thus, the judgment rendered therein would apply to this appeal also.

2. As prayed for and agreed by the parties, this appeal is ordered to be governed by the judgment dated 23.3.2022 in W.A. No.631 of 2022 wherein the order passed by the learned Single Judge was set aside and the writ appeal was allowed.

3. In view of the above, this appeal is also allowed and the order under challenge passed by the learned Single Judge is set aside in terms of the judgment dated 23.3.2022. Consequently, the connected CMP is closed. There will be no order as to costs.

Sd/- Assistant Registrar(CS-V) // True Copy // Sub Assistant Registrar

RS To:

1.The District Revenue Officer, Cuddalore, Cuddalore District.

2.The Revenue Divisional Officer, Virudhachalam, Cuddalore.

3.The Joint Commissioner, Hindu Religious and Charitable Endowment Board, Villupuram, Villupuram District.

4.The Executive Officer, Arulmigu Vaidyanathan Swami Thirukoil, Thittakudi, Cuddalore District.

+2cc to Mr.Udaya Kumar, Advocate SR.No.22878 +2cc to Mr.Dhanapalan, Advocate SR.No.22961 +1cc to the Government Pleader, SR.No.23250 W.A.No.2762 of 2021 & CMP.No.18147 of 2021 MG(CO) CB(12/04/2022)