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Madras High CourtWA/1848/2023disposed of

Sivaprakasam v. The Tahsildar

2023-10-17Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.10.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Sivaprakasam .. Appellant

Versus

1. The Tahsildar, Mettur Taluk, Mettur, Salem District.

2. The Survey Inspector / Taluk Surveyor, O/o. Tahsildar, Mettur, Salem District.

3. Periyannan .. Respondents Prayer : Writ Appeal under Clause 15 of the Letters Patent to set aside the order, dated 28.06.2022 made in W.P.No.16114 of 2022. For Appellant : Mr.B.Gopalakrishnan For Respondents : Mrs.R.Anitha, Special Government Pleader, for RR-1 and 2 1/5

: R3 - Notice served 2/5

JUDGMENT

(Judgment delivered by the Hon'ble Chief Justice) Heard Mr.B.Gopalakrishnan, learned Counsel for the petitioner and Mrs.R.Anitha, learned Special Government Pleader for the respondents 1 and 2.

2. The learned Counsel for the appellant submits that the impugned order was passed without impleading the appellant as a party. The appellant is the beneficiary of the subject writ property.

3. The Court, while disposing of the Writ Petition, observed that it was not expressing any opinion on merits and directed to consider the third respondent's representation to conduct survey, measure the property and pass appropriate orders.

4. When the Court had directed to pass appropriate orders, that would mean to pass orders after following the principles of natural justice and the procedure of law. Before taking any decision, the Government shall also give notice to the appellant and consider the objections of the appellant, if any.

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5. With this clarification, this Writ Appeal is disposed of. There will be no order as to costs. Consequently, C.M.P.No.16176 of 2023 is closed. (S.V.G., CJ.) (D.B.C., J.) 17.10.2023 Index : yes/no Speaking order/Non-speaking order : yes/no grs To

1. The Tahsildar, Mettur Taluk, Mettur, Salem District.

2. The Survey Inspector / Taluk Surveyor, O/o. Tahsildar, Mettur, Salem District.

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THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

grs 17.10.2023 5/5