R.Umamaheswari v. The Additional Chief Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 01.09.2025

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P. No.1553 of 2020 and WMP.No.1819 of 2020 R.Umamaheswari ... Petitioner -Vs1. The Additional Chief Secretary/ Commissioner of Land Administration, Chepauk, Chennai - 600 005.

2. The District Revenue Officer, Erode District, Erode.

... Respondents Prayer:- Writ Petition filed under Article 226 of Constitution of India, issuance of Writ of Certiorari to call for records of the first respondent pertaining to his proceedings in Proc.No.E2/5215/2018 dated 15.05.2019 and quash the same and pass orders.

For Petitioner : Mr.S.Arjun for M/s.I.Abrar M. Abdulla For Respondents : Mr.G.Velu Additional Government Pleader 1/4

ORDER

This Writ Petition has been filed to quash the proceedings in Proc.No.E2/5215/2018 dated 15.05.2019 by the first respondent.

2. The learned counsel for the petitioner submitted that the Pathivari License granted to the petitioner's vendor from the Revenue Officials dated 10.04.1991. Subsequently, it was cancelled by the second respondent. Aggrieved over the same, the petitioner preferred an appeal before the first respondent. The first respondent has rejected the same and passed the impugned proceedings on 15.05.2019. Challenging the same, this petition has been filed for the above said relief.

3. The learned Additional Government Pleader for the respondents submitted that the track rent permission was cancelled. However, he filed an order of the learned Judicial Magistrate stating that the referred case is closed as "mistake of fact".

4. In view of the subsequent development, the impugned order passed by the first respondent is set aside and the matter is remanded back to the second respondent and this Court may grant liberty to the petitioner 2/4

to file fresh application before the second respondent, if there is no criminal case pending as against the petitioner and consider the track rent permission and pass orders, without influencing the impugned order passed by the first and second respondents.

With the above directions, this Writ Petition is disposed of. Consequently, connected Miscellaneous Petition is closed. No costs. 01.09.2025 dh Index : Yes/No Speaking/Non-speaking order To

1. The Additional Chief Secretary/ Commissioner of Land Administration, Chepauk, Chennai - 600 005.

2. The District Revenue Officer, Erode District, Erode.

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M.DHANDAPANI. J., dh 01.09.2025 4/4