Boopathirajaa v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.08.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU Boopathirajaa ..

Appellant Vs 1 The District Collector Collectorate Kallakurichi District.

Kallakurichi.

2 The District Revenue Officer Kallakurichi Kallakurichi District.

3 The Revenue Divisional Officer Collectorate, Kallakurichi Kallakurichi District 4 The Zonal Deputy Tahsildar Kallakurichi Taluk Kallakurichi District.

5 The Revenue Inspector Kallakurichi Kallakurichi District.

..

Respondents

Prayer: Appeal under Clause 15 of the Letters Patent against the order dated 27.10.2022 passed by the learned Single Judge in W.P.No.28541 of 2022.

For the Appellant : Mr.N.Manoharan for Mr.V.Elangovan For the Respondents : Mr.P.Muthukumar State Government Pleader assisted by Mr.K.Karthik Jagannath Government Advocate

JUDGMENT

(Delivered by the Hon'ble Chief Justice) We have heard Mr.N.Manoharan, learned counsel for the appellant, and Mr.P.Muthukumar, learned State Government Pleader, assisted by Mr.K.Karthik Jagannath, learned Government Advocate for the respondents.

2. Learned counsel for the appellant submits that in the impugned notice the factual matrix is not at all considered by the respondent authority. At least the documents produced by the patta holders and those persons who are legitimately in occupation of the

lands ought to have been considered. The learned Single Judge has also not considered the said aspect.

3. The learned Single Judge has observed that the impugned notice has been issued to find out whether there is any person in possession of the subject property, except the persons belonging to Adi Dravidar community. The appellant, during the course of the enquiry, has opportunity to place on record the documents and put forth his stand. Naturally, the same would be required to be considered by the authority during the course of enquiry and if any order is passed against the appellant, the appellant may assail the same in accordance with law.

The writ appeal is disposed of accordingly. There will be no order as to costs.

(S.V.G., CJ.) (P.D.A., J.) 03.08.2023 Index :

Yes/No Yes/No sasi

To 1 The District Collector Collectorate Kallakurichi District.

Kallakurichi.

2 The District Revenue Officer Kallakurichi Kallakurichi District.

3 The Revenue Dvisional Officer Collectorate, Kallakurichi Kallakurichi District 4 The Zonal Deputy Tahsildar Kallakurichi Taluk Kallakurichi District.

5 The Revenue Inspector Kallakurichi Kallakurichi District.

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

(sasi) 03.08.2023