Kuppu@Dhurgai v. Angamagamayee

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.07.2023

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P(MD)Nos. 6924 of 2020 & 18229 of 2021 Kuppu @ Dhurgai ... Petitioner Vs.

1. Angamagamayee (Died)

2. A.K.P.Pandian

3. Subbaiah Thevar

4. The Land Commissioner, Ezhilagam, Chepauk, Chennai - 5

5. S.Rajadurka

6. S.Pitchaikannu

7. S. Thirunavukkarasu

8. S.Sivakumar ... Respondents [R-2 recorded as LRs of deceased R-1 vide Court order, dated 07.03.2023] [R-5 to R-8 are impleaded, vide Court order, dated 07.03.2023] 1/4

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance a Writ of Certiorari, calling for the records pertaining to the impugned order passed by the 4th Respondent vide his proceedings D1/R.P.No. 9/2017(L.Ref), dated 27.05.2020 quash the same. For Petitioner : Mr.N.Tamil Mani For R-1 : Died For R-2 : M/s.Vijayakumari Natarajan For R-3 : Mr.G.Kannan For R-4 : Mr.R.Suresh Kumar, Additional Government Pleader

ORDER

This writ petition is filed for Writ of Certiorari, to quash the impugned order passed by the Land Commissioner, dated 27.05.2020

2. After hearing rival submissions, this Court is of the considered opinion that effective remedy is filing a suit. Therefore, the writ petitioner is directed to file a suit before the appropriate Civil Court, within a period of one month, from the date of receipt of a copy of the order. Until then, the impugned order passed by the Land Commissioner/4th respondent is stayed. The petitioner 2/4

shall not seek any extension of time to file suit and the limitation starts from the date of receipt of a copy of the order.

3. Accordingly, this Writ Petition is closed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. Index : Yes / No 10.07.2023 Internet : Yes ksa Note to Office : Issue a copy of order on 11.07.2023 To The Land Commissioner, Ezhilagam, Chepauk, Chennai - 5 3/4

S.SRIMATHY, J ksa Order made in 10.07.2023 4/4