Lalitha v. R. Vellaichamy
1 W.A.(MD)NO.2109 OF 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.07.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MR.JUSTICE K.RAJASEKAR W.A.(MD)No.2109 of 2025 AND C.M.P.(MD)No.12071 of 2025 Lalitha ... Appellant / 10th Respondent Vs.
1. R.Vellaichamy ... 1st Respondent/Writ petitioner
2. The District Collector, O/o.The District Collector,
3. The Director, Vigilance and Anti Corruption, No.293, MKN Road, Alanthur, Chennai.
4. The Inspector of Police, Vigilance and Anti Corruption,
5. The Revenue Divisional Officer, O/o.The Revenue Divisional Officer,
6. The Tahsildar, O/o.the Tahsildar, 1/6
2 W.A.(MD)NO.2109 OF 2025
7. The Assistant Director, Department of Survey,
8. The Inspector of Police, Anti Land Grabbing Cell,
9. A.Ponnalagu, Assistant Director of Surveyor, Department of Survey, 10.S.Palanikumar ... Respondents 2 to 10 / Respondents 1 to 9 Prayer: Writ Appeal filed under Clause 15 of Letters Patent, to set aside the order dated 23.08.2024 passed in W.P.(MD)No.18963 of 2023 before this Court and by allowing this writ appeal. For Appellant : Mr.S.Vashik Ali For R-2,R-3,R-5 R-6&R-7 : Mr.N.Sathesh Kumar, Additional Government Pleader.
For R-4 &R-8 : Mr.T.Senthilkumar, Additional Public Prosecutor.
For R-1 : Mr.N.Mohan For R-10 : Mr.K.Dinesh For R-9 : No appearance.
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3 W.A.(MD)NO.2109 OF 2025
J U D G M E N T
(Order of the Court was delivered by G.R.SWAMINATHAN, J.) This writ appeal is directed against the order dated 23.08.2024 made in W.P.(MD)No.18963 of 2023 filed by the first respondent herein.
2. The first respondent herein purchased 20 cents of land from Sasangan vide sale deed dated 04.04.2007. It is a registered document. Subsequently, the appellant herein purchased 13 cents of land from one Nagavelu vide sale deed dated 20.02.2018. It is not in dispute that the transactions pertain to plots in an unapproved layout. The specific stand of the first respondent herein(writ petitioner) is that the appellant herein had virtually purchased the road portion. The writ petitioner's stand was accepted by the learned single Judge. On the basis of the report of the revenue authority, direction was given for effecting suitable mutation in the revenue records in the name of the Panchayat. Aggrieved by the same, this writ appeal has been filed.
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4 W.A.(MD)NO.2109 OF 2025
3. We are of the view that there are too many factual aspects involved. It is only just and proper that the appellant is relegated to move the jurisdictional civil Court. The order passed in W.P.(MD) No.18963 of 2023 will abide by the eventual decree to be passed by the jurisdictional civil Court. We make it clear that the appellant has to go before the jurisdictional civil Court. This writ appeal is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.
(G.R.SWAMINATHAN, J.) & (K.RAJASEKAR, J.) 31st July 2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU 4/6
5 W.A.(MD)NO.2109 OF 2025 To:
1. The District Collector, O/o.The District Collector,
2. The Director, Vigilance and Anti Corruption, No.293, MKN Road, Alanthur, Chennai.
3. The Inspector of Police, Vigilance and Anti Corruption,
4. The Revenue Divisional Officer, O/o.The Revenue Divisional Officer,
5. The Tahsildar, O/o.the Tahsildar,
6. The Assistant Director, Department of Survey,
7. The Inspector of Police, Anti Land Grabbing Cell, 5/6
6 W.A.(MD)NO.2109 OF 2025 G.R.SWAMINATHAN,J.
AND K.RAJASEKAR, J.
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