The Madurai Bench dismissed a writ petition challenging the rejection of a revision petition regarding surplus land declaration. The court held that it cannot condone delay when the statute fixes a limitation period without expressly providing liberty to condone the same.
No relief. The writ petition was dismissed.
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.P.(MD).No.14837 of 2011
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 15.06.2022
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR
W.P.(MD).No.14837 of 2011
... Petitioners
Vs.
Office of the Commissioner of Land Reforms,
3.The Assistant Commissioner (Land Reforms), Office of the Assistant Commissioner (Land Reforms), Murugankurichi, Tirunelveli-627 002,
Tirunelveli District. ... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order of the second respondent in his proceedings Ref.No.I1.12444.2009 (L.Ref), dated 27.04.2010, quash the same as illegal and further directing the respondents to handover the properties bearing following survey numbers, Survey No.346/6-New Survey No.346/6, to the extent of 1 acres 64 cents, Survey No.347/2-New Survey No.347/2, to the extent of 3 acres 00 cents, Survey No.347/2-New Survey No.346/3, to the extent of 3 acres 00 cents, Survey No.347/2-New Survey No.346/4, to the extent of 3 acres 00 cents, Survey No.347/2New Survey No.346/5, to the extent of 0 acres 80 cents and Survey No.347/2-New Survey No.346/6, to the extent of 3 acres 00 cents situates in D.Duraisamypuram Village, Ottapidaram Taluk, Thoothukudi District to the petitioners by exchanging in their other lands.
For Petitioners : Mr.S.Muthuvinayagam
For Respondents : Mr.D.Sasikumar
Additional Government Pleader
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W.P.(MD).No.14837 of 2011
ORDER
The present Writ Petition has been filed challenging an order passed by the first respondent in which the revision filed by the writ petitioners under the Tamil Nadu Land Reforms (Fixation of Ceiling on Land Act, 1961) purported to be under Section 82 of the said Act was rejected on the ground of limitation.
// True Copy //
/06/2022 Sub Assistant Registrar(CS)
btr
Note :
In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.
To
1.The Land Commissioner (Land Reforms), Office of the Commissioner of Land Reforms, Chepauk, Chennai-5.
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W.P.(MD).No.14837 of 2011
2.The Director of Land Reforms, Office of the Director of Land Reforms, Chepauk, Chennai-5.
Tirunelveli District.
+1 CC to M/s.S. MUTHUVINAYAGAM, Advocate ( SR-26245[F] dated 16/06/2022 )
W.P.(MD).No.14837 of 2011
15.06.2022
MGJ(24.06.2022) 3P 6C
3/3
2 issues framed by the court
Whether the High Court can condone delay under Article 226 when a statute fixes a limitation period without liberty to condone delay.
Whether the order rejecting the revision petition filed beyond the statutory limitation period of sixty days is illegal.
3 provisions across 3 enactments
Perumal & Others
The Land Commissioner (Land Reforms)
The Director of Land Reforms
The Assistant Commissioner (Land Reforms)
R.VIJAYAKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
