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Madras High CourtWA(MD)/604/2023allowed

D. Harikrishnan v. The Government Of Tamil Nadu

2023-04-28Honourable Mr Justice R. Subramanian,Honourable Mrs Justice L.Victoria Gowri5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and C.M.P(MD)No.5629 of 2023 D.Harikrishnan ... Appellant/Petitioner -vs1.The Government of Tamilnadu, Rep. by its Secretary, Revenue Department, Secretariat, Chennai - 600 009.

2.The District Collector, Tiruchirappalli District.

3.The Tahsildar, Tiruchirappalli West, Tiruchirappalli District. ... Respondents/Respondents PRAYER: Appeal filed under Clause 15 of Letters Patent, against the order dated 13.04.2023 passed in W.P(MD)No.8453 of 2023. For Appellant :

Mr.N.Balakrishnan For Respondents : Mr.P.T.Thiraviam, Government Advocate

JUDGMENT

[Judgment of the Court was made by R.SUBRAMANIAN, J.] Being aggrieved by the order of the Writ Court, dated 13.04.2022 made in W.P(MD)No.8453 of 2023, the appellant/writ petitioner has filed this writ appeal.

2. Though the appellant espouses several grievances against the order impugned in this writ appeal, we do not think that we could interfere with the conclusions of the Writ Court that the writ petitioner is not entitled to any further assignment of the land. We, however, find that the imposition of Costs of Rs.1,00,000/- may serve severe hardship.

3. Considering the financial status of the appellant and the plea of the learned counsel for the appellant, we only set aside the direction to pay Costs of Rs.1,00,000/-. In other aspects, the order of the Writ Court stands confirmed. The writ appeal is allowed to the extent indicated above. No Costs. Consequently connected miscellaneous petition is closed. [R.S.M., J.] [L.V.G., J.] 28.04.2023 NCC :Yes/No Index :Yes/No

PM To:

1.The Secretary, Government of Tamilnadu, Revenue Department, Secretariat, Chennai - 600 009.

2.The District Collector, Tiruchirappalli District.

3.The Tahsildar, Tiruchirappalli West, Tiruchirappalli District.

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

pm

28.04.2023