Madras High CourtWA(MD)/1109/2025dismissed

S.Shanmugam v. The Sub Collector

2025-04-25Honourable Mrs Justice J. Nisha Banu,Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 25/04/2025

CORAM

THE HONOURABLE Mrs. JUSTICE J.NISHA BANU AND THE HONOURABLE Mrs. JUSTICE S.SRIMATHY and CMP(MD) No.6988 of 2025 S.Shanmugam ... Appellant v.

1.The Sub Collector, Paramakudi Ramanathapuram District.

2.The Tahsildar Paramakudi Taluk Ramanathapuram District.

3.T.Meenakshisundaram 4.Naganathan ... Respondents PRAYER :- Writ Appeal filed under Clause 15 of Letters patent against the order of this Court dated 04.04.2025 in WP(MD). No.12066/2018. For Appellants : Mr.R.Suriyanarayanan For Respondents : Mr.M.Sarangan for R1 & R2 Additional Government Pleader 1/4

JUDGMENT

(Judgment of the Court was delivered by S.SRIMATHY,J.) The writ appeal is directed against the order of the writ Court dated 04.04.2025 passed in WP(MD) No.12066/2018.

2. The writ petition has been filed by the appellant challenging the order of the 1st respondent dated 28.03.2018 confirming the order of the 3rd respondent dated 14.06.2016, wherein, the patta changed in the name of the fourth respondent and to direct the respondents 1 and 2 to restore the patta No.243 for the land measuring 3 Acre 9 cents in S.No.197/1.

3. The writ Court disposed of the writ petition directing the first appellate Court to dispose of the pending appeal in AS No.237/2019 on or before 30.06.2025. While disposing the writ petition, the writ Court apart from recording the finding of the trial Court, made some observations. Hence, it is the grievance of the appellant that the observation made in the writ petition will affect the appeal suit filed. Therefore, this Court directs the Appellate Court to independently 2/4

consider the appeal and dispose of the same uninfluenced by the observations made by the writ Court.

4. The writ appeal stands disposed of with the above observation. No costs. Consequently connected Miscellaneous Petition is closed. [J.N.B.,J] [S.S.Y.,J] 25.04.2025 NCC : Yes/No Index : Yes/No RR 3/4

J.NISHA BANU, J AND S.SRIMATHY, J.

ORDER

IN WA(MD) No.1109 of 2025 Date : 25/04/2025 4/4