Madras High CourtWP(MD)/4666/2017dismissed

M.Lieuo, (Ex.Ico), v. The Secretary To Government

2025-04-15Honourable Mr Justice P.B. Balaji6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.04.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI W.M.P(MD)Nos.16115 & 16116 of 2018 & 18674 of 2022 W.P(MD)No.4666 of 2017 M.Lieuo .... Petitioner /Vs/

1. The Secretary to Government Revenue Department, Secretariat, Chennai.

2. The Director of Land Reforms Chepauk, Chennai.

3. The Assistant Commissioner Land Reforms, Madurai.

4. K.Paramasami Ambalam

5. The Secretary and Correspondent, Mahatma Montessori Matriculation Higher Secondary School, Gopalakrishnan Gardens, Alagarkovil, Madurai- 625 301.

(R4 & 5 are Suo Motu Impleaded Vide Court Order District 12/06/18 in WP(MD)4666/17) .... Respondents 1/6

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the 1st respondent to pass appropriate orders for handling over the property to the petitioner in survey No.4/1 admeasuring 0.59 Acres with fixed boundaries in accordance with original Assessment order bearing No.MR.IV 97C/MLR/B3 dated 31.08.1984 by cancelling (or) modifying the Government Order issued u/s.37(B) based on the order passed by the 2nd respondent bearing R.C.G2/9735/2014 (L.Ref.) dated 27.05.2016 within the time frame fixed by this Court.

For Petitioner : Mr.S.C.Herold Singh For R1 to R3 : Mr.M.Lingadurai Special Government Pleader For R5 : Mr.M.Mahaboob Fazil for M/s.T.Lajapathi Roy Associates Mahatma Montessori School, Rep.By its Secretary & Correspondent, S. Premalatha, Gopalakrishna Gardens, Alagarkovil Road, Madurai-625 301.

... Petitioner Vs

1. The State of Tamilnadu, Rep.By its Secretary, Revenue Department, Secretariat, Chennai-9.

2. The Principal Secretary/ Commissioner of Land Reforms, O/o.The Commissioner of Land Reforms, Chepauk, Chennai-5.

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3. The Director of Land Reforms, Chepauk, Chennai-9.

4. The District Revenue Officer, (Land Tribunal), Chennai-5.

5 .The District Collector, Madurai District, Madurai

6. The Revenue Divisional Officer O/o.The Revenue Divisional Officer, Melur, Madurai District

7. The Assistant Commissioner of Land Reforms, O/o.The Assistant Commissioner of Land Reforms, Madurai-2.

8. Mr.Lieuo(Ex.ICO) PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified mandamus to call for the records pertaining to the impugned order in APDSL No.1/2004 dated 09/07/2004 on the file of the respondent No.4 and the consequential Impugned Order in Rc.G2 / 9735 / 2014 (L.Ref) dated 27/05/2016 on the file of the respondent no.2 and quash the same as illegal and consequently for a direction forbearing the respondents from cancelling the permission granted to the petitioner's school for holding the land to an extent of 0.59 Acre situated in S.No. 4/1, Ayathampatti Village, Melur Taluk, Madurai District under Section 37-B of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 in view of the exemption as per Section 73(iv-A) of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961. 3/6

For Petitioner : Mr.M.Mahaboob Fazil for M/s.T.Lajapathi Roy Associates For R1 to R7 : Mr.M.Lingadurai Special Government Pleader For R8 : Mr.Mr.S.C.Herold Singh COMMON ORDER The learned counsel appearing for the petitioner in W.P(MD)No. 4666 of 2017 would fairly submits that these writ petitions do not survive for any further consideration in view of the final orders passed in W.P(MD)No.1554 of 2022, dated 02.08.2024.

2. Recording the said submission, these writ petitions are dismissed. No costs. Consequently, connected miscellaneous petitions are closed.

Index : Yes / No NCC : Yes / No 15.04.2025 am 4/6

1. The Secretary to Government Revenue Department, Secretariat, Chennai.

2. The Director of Land Reforms Chepauk, Chennai.

3. The Assistant Commissioner Land Reforms, Madurai.

4. The Principal Secretary/ Commissioner of Land Reforms, Chepauk, Chennai-5.

5. The District Revenue Officer, (Land Tribunal), Chennai-5.

6 .The District Collector, Madurai District, Madurai

7. The Revenue Divisional Officer Melur, Madurai District

8. The Assistant Commissioner of Land Reforms, Madurai-2.

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P.B. BALAJI , J.

am Dated:

15.04.2025 6/6