The Commissioner Of Land Administration v. P Chellapandian
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Monday, the Ninth day of September Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN in REV.APLW(MD).SR.No.57116 of 2024
1. The Commissioner of Land Administration, Chepauk, Chennai-600 005.
2. The District Collector, Trichy District, Trichy.
3. The District Revenue Officer, Trichy District, Trichy.
4. The Revenue Divisional Officer, Trichy, Trichy District.
5. The Tahsildar, Thiruverumbur, Trichy District.
... Petitioners/Review Petitioners Vs P Chellapandian ... Respondent/Respondent Prayer :- Writ Miscellaneous Petition filed under Section 5 of Limitation Act to condone the delay of 697 days in filing the above review application filed as against the order passed in W.P.(MD) No.7134 of 2022 dated 05.08.2022. 1/4
Prayer in Rev.APLW(MD).SR.No.57116 of 2024 :
Review Application filed under order 47 Rule 1 and 2 of C.P.C to read with Section 114 of Civil Procedure Code against the order passed in W.P.(MD) No.7134 of 2022 dated 05.08.2022.
Prayer in WP(MD).No.7134 of 2022 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to implement the order passed by the 1st respondent in his proceedings Rc.No.G1/57088/93 and 6851/94 dated 29.10.2001 and consequently issue patta to the petitioner in the land in S.No.35/18, admeasuring 3160 sq.ft, Kumbakkudy Village, M.G.R. Nagar, Trichy District, in terms of the proceedings of the 3rd respondent in Na.Ka.A2/52284/2001 dated 05.01.2018 within a time frame fixed by this Court.
ORDER:- This Writ Miscellaneous Petition is coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.K.Balasubramanian, Special Government Pleader for the Petitioners, and of Mr.B.Saravanan, Senior Counsel for M/s.B.Saravanan Associates for the Respondent, this Court made the following order: Heard both sides.
2.The first respondent herein filed W.P(MD)No.7134 of 2022 seeking implementation of the order passed by the Commissioner of Land Administration, Chepauk, Chennai. The writ petition was allowed on 05.08.2022. Seeking review of the said order, this review application has been filed. 2/4
3.There has been a delay of 697 days in filing the review. I went through the contents of the affidavit filed in support of the condone delay petition. "Administrative reasons" have been cited as the cause for delay. It has been held in more than one case that the Department cannot seek condonation of delay by citing such vague reasons. It is also seen that similar writ petitions were allowed and when the matter reached the Hon'ble Supreme Court, the order passed by this Court was confirmed. I see no reason to condone the delay. Delay has not been satisfactorily explained.
4.This Writ Miscellaneous Petition stands dismissed. Sd/- Assistant Registrar (CS-I) // True Copy // /09/2024 Sub Assistant Registrar (CS- I, II, III, IV) MGA TO
1. The Commissioner of Land Administration, Chepauk, Chennai-600 005.
2. The District Collector, Trichy District, Trichy.
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3. The District Revenue Officer, Trichy District, Trichy.
4. The Revenue Divisional Officer, Trichy, Trichy District.
5. The Tahsildar, Thiruverumbur, Trichy District.
6. The Special Govt. Pleader, Madurai Bench of Madras High Court, Madurai ORDER DATED : 09/09/2024 ==========================
ORDER
========================== in REV.APLW(MD).SR.No.57116 of 2024 Giving direction and etc.
as stated within.
RD(20.09.2024) 4P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 4/4