N.Kannan v. The Special Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI and MP(MD) No.3 of 2010 N.Kannan ... Petitioner Vs.
1. The Special Commissioner and Commissioner of Land Administration, Chepauk, Chennai -5.
2. The Commissioner and Director of Survey and Settlement, Chepauk, Chennai - 5.
3. The Settlement Officer, Office of Special Commissioner and Director of Survey and Settlement, Chepauk, Chennai - 5.
4. The Assistant Settlement Officer, Madurai District, Madurai.
5. The District Forest Officer, Theni District, Theni.
6. The Tahsildar, Andipatti Taluk, Theni District.
7. The Forest Ranger, Vellimalai Beat, Megamalai Range, Theni District.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the order passed by the third respondent vide his proceedings in R.P.No.14 of 1996, dated 30.12.1996, which has been confirmed by the second 1/3
respondent, vide his proceedings in R.P.No.4 & 5 of 1997, dated 15.09.1998, which was again upheld by the first respondent vide his proceedings in Roc.K1/8666/2003, dated 14.09.2007 and quash the same and consequently direct the sixth respondent to issue the Ryotwari Patta for the petitioner's property situated at Survey No.280 Part (Previously known as Plot No.36), Megamalai Village, Theni District, in favour of the legal heirs of (Late) Sri.Kambal @ Veeraiah Chettiar based upon the order passed by the fourth respondent, vide his proceedings in S.R.11(a) 3/95, dated 24.07.1996.
For Petitioner : Mr.R.Anand For Respondents : Mr.S.P.Karthick Government Advocate
O R D E R
This writ petition is filed seeking Rayatwari patta for the petitioner's property situated at Survey No.280 Part (Previously known as Plot No.36), Megamalai Village, Theni District, in favour of the legal heirs of (Late) Sri.Kambal @ Veeraiah Chettiar, based upon the order passed by the fourth respondent, vide his proceedings in S.R.11(a) 3/95, dated 24.07.1996.
2.Today(18.04.2022), when the matter is taken up for hearing, the learned counsel appearing for the petitioner submits that pending this writ petition, the petitioner's brother one Sundaramoorthy filed another writ petition before the Principal Seat of this Court in W.P.No.3522 of 2009 and obtained an order on 17.12.2015. He further submits that as against the order passed by the learned single Judge in W.P.No.3522 of 2009, writ appeal was filed by the Forest Department before the Division Bench in W.A.No.1133 of 2016 and the same is pending.
3.In view of the above submission made on behalf of the petitioner, this writ petition is closed with a liberty to the petitioner to work out his remedy in the writ appeal. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) vrn 2/3
To
1. The Special Commissioner and Commissioner of Land Administration, Chepauk, Chennai -5.
2. The Commissioner and Director of Survey and Settlement, Chepauk, Chennai - 5.
3. The Settlement Officer, Office of Special Commissioner and Director of Survey and Settlement, Chepauk,Chennai - 5.
4. The Assistant Settlement Officer, Madurai District, Madurai.
5. The District Forest Officer, Theni District, Theni.
6. The Tahsildar, Andipatti Taluk, Theni District.
7. The Forest Ranger, Vellimalai Beat, Megamalai Range,Theni District.
+1 CC to M/s.SPL.GP ( SR-19352[F] dated 19/04/2022 ) +1 CC to M/s.R. ANAND, Advocate ( SR-19522[F] dated 19/04/2022 ) ORDER MADE IN and MP(MD) No.3 of 2010 18.04.2022 USK/30.05.2022/3P/10C 3/3