← Library
Madras High CourtWA(MD)/422/2021disposed of

S.Thirunavukkarasu.S v. The State Of Tamilnadu

2025-02-17Honourable Mr Justice G.R.Swaminathan,Honourable Mr.Justice M.Jothiraman4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.02.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN W.A(MD)No.422 of 2021 S.Tirunavukkarasu ... Appellant / Petitioner Vs.

1.The State represented by The Secretary, Revenue Department, St.George Fort, Chennai.

2.The Commissioner (Land Reforms), Ezhilagam, Chepauk, Chennai - 5.

3.The District Collector, 4.The District Revenue Officer, 5.The Revenue Divisional Officer, Uthamapalayam, 1/4

6.The Assistant Commissioner, Land Reforms, K.K.Nagar, Madurai.

7.The Tahsildar, Uthamapalayam Taluk, 8.Deivendran 9.Jamuna ... Respondents / Respondents Prayer: Writ Appeal filed under Clause 15 of Letters Patent to set aside the order dated 19.01.2021 made in W.P(MD)No.573 of 2021, by allowing this appeal.

For Appellant : Mr.R.Suriyanarayanan For Respondents : Mr.S.RA.Ramachandran Additional Government Pleader for R.1 to R.7 No Appearance for R.8 & R.9

JUDGMENT

(Judgment of the Court was delivered by G.R.SWAMINATHAN, J.) After hearing the learned counsel on either side, we are satisfied that the writ petition filed by the appellant suffers from a formal defect. The writ petitioner / appellant had questioned only the assignment order made in favour of the private respondents. He failed to question the 2/4

primary notification issued under Section 18(1) of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961. 2.The learned counsel appearing for the appellant states that copy of the said notification was given only now.

3.We therefore permit the appellant to withdraw the writ petition itself. W.P(MD)No.573 of 2021 is accordingly dismissed as withdrawn. The appellant is given liberty to file a fresh writ petition on the same cause of action.

4.This Writ Appeal is disposed of accordingly. No costs. [G.R.S., J.] [M.J.R., J.] 17.02.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No MGA To 1.The Secretary, Revenue Department, St.George Fort, Chennai.

3/4

G.R.SWAMINATHAN,J.

AND M.JOTHIRAMAN , J.

MGA 2.The Commissioner (Land Reforms), Ezhilagam, Chepauk, Chennai - 5.

3.The District Collector, 4.The District Revenue Officer, 5.The Revenue Divisional Officer, Uthamapalayam, W.A(MD)No.422 of 2021 6.The Assistant Commissioner, Land Reforms, K.K.Nagar, Madurai.

7.The Tahsildar, Uthamapalayam Taluk, 17.02.2025 4/4