Sakthivel v. The Commissioner Of Land Administration
M.DHANDAPANI, J.
Today, this matter is listed under the caption "For Being Mentioned" at the instance of the learned counsel for the petitioner.
2. Learned counsel for the petitioner submitted that, this Court, vide order dated 07.08.2024 disposed of the Writ petition with a direction to the Commissioner of Land Administration to dispose the appeal filed by the petitioner. However, in para 3 & 6 of the said order dated 07.08.2024, inadvertently, a typographical error has crept in wherein, it is mentioned as A.No.57/2011 instead of Appeal dated 05.07.2011, which requires to be modified.
3. After perusing the order dated 07.08.2024, more specifically, para-3 & 6, this Court is satisfied that A.No.57/2011 should be modified as Appeal dated 05.07.2011, and accordingly, in Paragraph 3 and 6 of the order dated 07.08.2024, the said corrections shall be carried out.
4. All the other observations made in the earlier order dated 07.08.2024 1/2
shall remain intact.
M.DHANDAPANI, J.
skt
5. Registry is directed to carry out the necessary correction as aforesaid in the order dated 07.08.2024 and issue fresh copy of the order to the learned counsel for the parties.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.08.2024
CORAM
THE HON'BLE MR. JUSTICE M.DHANDAPANI W.P. No.22329 of 2024 and WMP.No.24314 & 24319 of 2024
1. Sakthivel
2. Kaliammal
3. Mageswaran
4. Balasubramaniam ... Petitioners -vs1. The Commissioner of Land Administration, Chepauk, Chennai-5.
2. The District Revenue Officer, Tiruppur District, Tiruppur.
3. The Revenue Divisional Officer, Dharapuram.
4. The Tahsildar, Dharapuram Taluk, Dharapuram.
5. The Joint Commissioner of HR & CE Department, Tiruppur.
6. The Assistant Commissioner of HR & CE Department, Tiruppur.
7. The Executive Officer, Arulmigu Viswanathaswamy & Varadaraja Perumal Thirukoil, Ponnapuram, 3/2
Dharapuram, Tiruppur District.
... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of declaration declaring the order passed by the District Revenue Officer, Tiruppur made in Na.Ka.No.9339/2009/Vu.2 dated 21.04.2011 and consequential proceedings initiated by the Joint Commissioner, Hr & CE, Tiruppur in Miscellaneous Petition Nos.137, 801, 802 and 814 of 2021 and 806/2021/A3 dated 05.06.2024 and 24.06.2024 as null and void and against the provisions of Tamil Nadu Minor Inam (Abolition and Conversion into Ryotwari) Act 30 of 1963 and forbearing the respondents from evicting the petitioners from the land comprised in S.No.101/1B and 101/3B over an extent of 8.90 Acres (3.36.00 Hectares) in Naranapuram Village (then ponnapuram Village) Dharapuram Taluk, Tiruppur District, without any due process of law under the provisions of the Tamil Nadu Minor Inam (Abolition and Conversion into Ryotwari Act 30 of 1963.
For Petitioner(s) :
Dr.M.Muthappan For Respondent(s) :
Mr.NRR. Arun Natarajan, SGP RR5 to 7 HR & CE Mr.G.Krishnaraja, AGP RR1 to 4
O R D E R
By consent of both parties, the Writ Petition is taken up for final hearing at the admission stage itself.
2. This petition has filed seeking declaration declaring the order passed by the District Revenue Officer, Tiruppur made in Na.Ka.No.9339/2009/Vu.2 4/2
dated 21.04.2011 and consequential proceedings initiated by the Joint Commissioner, Hr & CE, Tiruppur in Miscellaneous Petition Nos.137, 801, 802 and 814 of 2021 and 806/2021/A3 dated 05.06.2024 and 24.06.2024 as null and void and against the provisions of Tamil Nadu Minor Inam (Abolition and Conversion into Ryotwari) Act 30 of 1963 and forbearing the respondents from evicting the petitioners from the land comprised in S.No.101/1B and 101/3B over an extent of 8.90 Acres (3.36.00 Hectares) in Naranapuram Village (then ponnapuram Village) Dharapuram Taluk, Tiruppur District, without any due process of law under the provisions of the Tamil Nadu Minor Inam (Abolition and Conversion into Ryotwari Act 30 of 1963.
3. When the matter is taken up for hearing, the learned counsel for the petitioner submitted that without going into the merits of the case, this Court may issue a direction to the Commissioner of Land Administration to dispose the appeal filed by the petitioner as against the patta cancelled by the DRO in A.No.57/2011 after providing opportunity to the petitioner within the stipulated time as fixed by this Court and also permit the petitioner to canvas all the points before the Joint Commissioner under section 78 of HR & CE Act proceedings initiated by the temple authorities.
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4. The learned Government Counsel have not raised any objection in this regard.
5. Heard the learned counsel for the petitioner and the learned Special Government Pleader and the learned Additional Government Advocate appearing for the respondents and perused the materials available on record.
6. In view of the limited request sought for by the learned counsel for the petitioner, this Court without going into the merits of the case, directs the Commissioner of Land Administration to dispose the appeal A.No.57/2011 filed by the petitioner within a period of twelve weeks from the date of receipt of a copy of this order and this Court permits the petitioner to canvas all the points before the 5th respondent.
7. With the above directions, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 07.08.2024 Rli To 6/2
1. The Commissioner of Land Administration, Chepauk, Chennai-5.
2. The District Revenue Officer, Tiruppur District, Tiruppur.
3. The Revenue Divisional Officer, Dharapuram.
4. The Tahsildar, Dharapuram Taluk, Dharapuram.
5. The Joint Commissioner of HR & CE Department, Tiruppur.
6. The Assistant Commissioner of HR & CE Department, Tiruppur.
7. The Executive Officer, Arulmigu Viswanathaswamy & Varadaraja Perumal Thirukoil, Ponnapuram, Dharapuram, Tiruppur District.
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M.DHANDAPANI, J.
Rli W.P. No.22329 of 2024 07.08.2024 8/2