Malarkodi. D v. The Principal Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.05.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P(MD)No.9899 of 2023 D.Malarkodi ... Petitioner Vs.

1.The Principal Secretary, Land Administration, Commissioner of Land Reforms, Land Administration Office, 2nd Floor, Ezhilalagam, Chepakam, Chennai-600 005.

2.The District Collector, Sivagangai District, Sivagangai.

3.The District Revenue Officer, Sivagangai District, Sivagangai.

4.The Revenue Divisional Officer, Sivagangai, 1/5

5.The Tahsildar, Kalayarkovil Taluk, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records relating to the impugned order issued under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 issued by the fifth respondent dated 21.04.2023 and quash the same as illegal. For Petitioner :Mr.Sricharan Rangarajan Senior Counsel For Mr.T.Palanisamy For Respondents :M/s.D.Farjana Ghoushia Special Government Pleader

O R D E R

********** Heard the learned senior counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents.

2. The petitioner challenges the impugned order issued by the jurisdictional Tahsildar under Section 6 of the Tamil Nadu Land Encroachment Act, 1905. The order itself may not be vulnerable. It is only pursuant to the order passed by this Court in more than one round of 2/5

writ proceedings. However, the impugned order is the direct out come of the cancellation of the assignment originally made in favour of the petitioner.

3. The learned senior counsel appearing for the petitioner states that challenging the order of cancellation, the petitioner had moved the Commissioner of Land Administration, Chepauk, Chennai.

4. Considering the special facts and circumstances of the case, we direct the Commissioner of Land Administration, Chepauk, Chennai to dispose of the revision filed by the petitioner on merits. We make it clear that we have not gone into the merits of the matter. It is open to the first respondent to pass order one way or the other. The petitioner shall not be non-suited on the ground of laches. An order on merits will be passed by the first respondent within a period of four months from the date of receipt of copy of this order. The impugned order passed by the fifth respondent under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 shall be put on hold and it shall abide the order to be passed by the first respondent.

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5. The writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. [G.R.S.,J.] [S.S.Y.,J.] 10.05.2023 Index:Yes/No Internet:Yes/No NCC:Yes/No SJ/SN To 1.The Principal Secretary, Land Administration, Commissioner of Land Reforms, Land Administration Office, 2nd Floor, Ezhilalagam, Chepakam, Chennai-600 005.

2.The District Collector, Sivagangai District, Sivagangai.

3.The District Revenue Officer, Sivagangai District, Sivagangai.

4.The Revenue Divisional Officer, Sivagangai, 5.The Tahsildar, Kalayarkovil Taluk, 4/5

G.R.SWAMINATHAN, J.

AND S.SRIMATHY, J.

SJ/SN 0RDER MADE IN 10.05.2023 5/5