The High Court dismissed this writ appeal filed by the Appellant against the single Judge's order which curtailed his claim to challenge the issuance of patta assignment due to the beneficiaries selling the land to a third party more than 16 years after assignment.
Appellant's writ appeal was dismissed; CM.P.No.21245 of 2022 closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.A.No.2649 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.12.2022
CORAM :
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.A.No.2649 of 2022
N.K.Senthil Kumar .. Appellant
Vs
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W.A.No.2649 of 2022
8.K.Periyasamy 9.P.Sekar 10.T.Nainamalai 11.Marimuthu
.. Respondents
Prayer: Appeal filed under Clause 15 of the Letters Patent against the order dated dated 6.9.2022 made in W.P.No.31421 of 2016.
For the Appellant : Mr.L.Chandrakumar for Mr.B.Gopalakrishnan For the Respondents : Mr.P.Muthukumar State Government Plader for respondent Nos.1 to 4
JUDGMENT
(Delivered by the Hon'ble Acting Chief Justice)
This writ appeal has been filed against the order dated 6.9.2022 passed in W.P.No.31421 of 2016, whereby the learned single Judge while dismissing the writ petition filed by the appellant observed that
the assignment was granted in favour of the beneficiaries on 23.12.1999 and they have sold their lands to the fifth respondent on 12.1.2016 after more than 16 years from the date of assignment. The learned single Judge also observed that the counter-affidavit filed by the respondents reveals that the assigned land should not be alienated
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W.A.No.2649 of 2022
learned single Judge. Accordingly, the writ appeal fails and the same is dismissed. There will be no order as to costs. Consequently, C.M.P.No.21245 of 2022 is closed.
(T.R., ACJ.) (D.B.C., J.) 09.12.2022 Index : Yes/No bbr
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W.A.No.2649 of 2022
To:
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W.A.No.2649 of 2022
T.RAJA, ACJ. AND D.BHARATHA CHAKRAVARTHY, J.
bbr
W.A.No.2649 of 2022
09.12.2022
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2 issues framed by the court
Whether the Single Judge correctly observed that no writ petition could be filed questioning the issuance of patta assignment filed after a delay exceeding the 10-year alienation restriction.
Whether there was any error in the Single Judge's observation dismissing the writ petition filed by the appellant.
N.K.Senthil Kumar
The District Collector, Namakkal District
The District Revenue Office, Namakkal District
The Tahsildar, Tiruchengode Taluk
The Sub Registrar, Mallasamuthiram
M.Kuppayi
T.RAJA
D.BHARATHA CHAKRAVARTHY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
