The Commissioner Of Land Administration, v. Sheik Abdullah

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and C.M.P.(MD) No.6518 of 2023 1.The Commissioner of Land Administration Tamilnadu, Chennai 2.The District Collector Sivagangai District 3.The District Revenue Officer Sivagangai District 4.The Tahsildhar Karaikudi Taluk Sivagangai District ... Appellants -vs1.Sheik Abdullah 2.The Commissioner Karaikudi Municipality Karaikudi District ... Respondents

Writ Appeal filed under Clause 15 of Letters Patent to set aside the order, dated 24.08.2022, passed in W.P.(MD) No.13708 of 2022, on the file of this Court.

For Appellants :

Mr.Veera Kathiravan Additional Advocate General assisted by Mr.S.P.Maharajan Special Government Pleader For Respondents :

Mr.K.P.Narayanakumar for R1

J U D G M E N T

[Judgment of the Court was made by R.SUBRAMANIAN, J.] The Writ Court has only directed correction of the revenue records based on the Judgment of the Civil Court, which, as of today, is final. The Civil Court, in the process of deciding the suit, has also decided the question of title as well as the validity of the order of cancellation of the Pattas granted under the Settlement Act by the revenue officials. We, therefore, do not think that we can fault with the Writ Court for having issued a positive direction. Hence, this writ appeal fails and it is accordingly dismissed.

2. Mr.Veera Kathiravan, learned Additional Advocate General, appearing for the appellants, would submit that the Government has filed an appeal against the Judgment of the Civil Court.

3. The Appellate Court will consider the appeal preferred by the Government, without being influenced by any of the observations made in the order passed by the Writ Court or by us in this writ appeal. No costs. Consequently, connected miscellaneous petition is closed. [R.S.M., J.] [L.V.G., J.] 07.06.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

krk and C.M.P.(MD) No.6518 of 2023 07.06.2023