Mrs. Valliammai, v. The State Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.07.2022

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI and M.P.No.1 of 2014

1. Valliammai

2. Selvi

3. Nhuvaneshwari . . . Petitioners Vs.

1. The State of Tamil Nadu, Rep by its Secretary, Local Administration Fort St.George Chennai-600 009.

2. The District Collector, Collector Office,

3. The District Revenue Officer, Registered Office, 1/6

4. Revenue Divisional Officer,

5. The Tahsildar, Vannur Taluk, Villupuram District. . . . Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India, to issue a writ or order or direction more particularly the nature of Certiorari to call for the records relating to the proceeding e/f/m2/3611/2013 dated 20.05.2014 by the 4th Respondent and quash the same. For Petitioner : M/s. A.Balasingh Ramanujam For Respondents : Mr.G.Yogesh Kanndasan, Special Government Pleader

ORDER

The present petition has been filed seeking to quash the proceedings dated 20.05.2014 passed by the 4th Respondent.

2. It is the case of the petitioners that the subject land was situated in survey No.221/9, 221/7 and 221/5 to an extent of 0.04 ares (10 cents) each was allotted to the petitioners vide the proceedings dated 2/6

14.05.1998 and the revenue records in respect of the above said lands stands in the name of the petitioners and they are in continuous possession and enjoyment of the same from the date of assignment. While being so, one Suresh had sought for cancellation of the said assignment before the 2nd respondent, pursuant to which, the subject assignment was cancelled by the 4th respondent. Challenging the said order, the petitioners have come up with the present petition.

3. Learned counsel for the petitioner submits that as against the order impugned order passed by the 4th respondent, appeal has been filed by the before the 3rd respondent/Appellate authority and the same is pending. Therefore, liberty may be granted to the petitioners to canvas all those points before the Appellate authority.

4. In view of the aforesaid submission, when the appeal is pending before the Appellate authority against the very same impugned order and in view of the limited relief sought for by the petitioners, this Court without interfering with the impugned order, permits the petitioners to canvas all 3/6

those points before the 3rd Respondent/Appellate Authority.

5. Accordingly, this Writ Petition is closed. No Costs. Consequently, the connected Miscellaneous Petition is closed. 04.07.2022 NHS Index : Yes / No Internet : Yes / No 4/6

To

1. The State of Tamil Nadu, Rep by its Secretary, Local Administration Fort St.George Chennai-600 009.

2. The District Collector, Collector Office,

3. The District Revenue Officer, Registered Office,

4. Revenue Divisional Officer,

5. The Tahsildar, Vannur Taluk, Villupuram District.

5/6

M.DHANDAPANI, J.

NHS 04.07.2022 6/6