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Madras High CourtWA/2649/2022dismissed

N.K. Senthil Kumar v. The District Collector

2022-12-09Honourable The Acting Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.12.2022 CORAM :

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY N.K.Senthil Kumar .. Appellant Vs 1.The District Collector, Namakkal District, Namakkal.

2.The District Revenue Office, Namakkal District, Namakkal.

3.The Tahsildar, Tiruchengode Taluk, Namakkal District, Namakkal.

4.The Sub Registrar, Mallasamuthiram, Tiruchengode Taluk, Namakkal District.

5.M.Kuppayi 6.K.Sellammal 7.S.Melichayi

8.K.Periyasamy 9.P.Sekar 10.T.Nainamalai 11.Marimuthu .. Respondents Prayer: Appeal filed under Clause 15 of the Letters Patent against the order dated dated 6.9.2022 made in W.P.No.31421 of 2016. For the Appellant : Mr.L.Chandrakumar for Mr.B.Gopalakrishnan For the Respondents : Mr.P.Muthukumar State Government Plader for respondent Nos.1 to 4

JUDGMENT

(Delivered by the Hon'ble Acting Chief Justice) This writ appeal has been filed against the order dated 6.9.2022 passed in W.P.No.31421 of 2016, whereby the learned single Judge while dismissing the writ petition filed by the appellant observed that the assignment was granted in favour of the beneficiaries on 23.12.1999 and they have sold their lands to the fifth respondent on 12.1.2016 after more than 16 years from the date of assignment. The learned single Judge also observed that the counter-affidavit filed by the respondents reveals that the assigned land should not be alienated

before 10 years from the date of assignment and since the appellant did not make any objection during the relevant point of time, no writ petition can be filed questioning the correctness of the issuance of the assignment of patta.

2. We do not find any error in the said observation made by the learned single Judge. Accordingly, the writ appeal fails and the same is dismissed. There will be no order as to costs. Consequently, C.M.P.No.21245 of 2022 is closed.

(T.R., ACJ.) (D.B.C., J.) 09.12.2022 Index : Yes/No bbr

To:

1.The District Collector, Namakkal District, Namakkal.

2.The District Revenue Office, Namakkal District, Namakkal.

3.The Tahsildar, Tiruchengode Taluk, Namakkal District, Namakkal.

4.The Sub Registrar, Mallasamuthiram, Tiruchengode Taluk, Namakkal District.

T.RAJA, ACJ.

AND D.BHARATHA CHAKRAVARTHY, J.

bbr 09.12.2022