Disposed

Sivaprakasam v. the Tahsildar

Madras HC17 Oct 2023WA/1848/2023

Case brief

AI extract

What is this about?

Appeal against a non-speaking order observing that the writ petition was disposed of without prejudice to merits. Court directed government to issue notice to appellant before surveying and passed appropriate orders ensuring principles of natural justice are followed.

What did the court decide?

High Court directed government to issue notice to appellant and follow natural justice principles before surveying property.

Sivaprakasam Vs the Tahsildar — Land Acquisition | Madras HC (2023)

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W.A.No.1848 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 17.10.2023

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CORAM :

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THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND

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THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

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W.A.No.1848 of 2023

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Sivaprakasam .. Appellant

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Versus

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The Tahsildar, Mettur Taluk, Mettur, Salem District.

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The Survey Inspector / Taluk Surveyor, O/o. Tahsildar, Mettur, Salem District.

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Periyannan .. Respondents

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Prayer : Writ Appeal under Clause 15 of the Letters Patent to set aside the

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order, dated 28.06.2022 made in W.P.No.16114 of 2022.

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For Appellant : Mr.B.Gopalakrishnan

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For Respondents : Mrs.R.Anitha, Special Government Pleader, for RR-1 and 2

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https://www.mhc.tn.gov.in/judis

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W.A.No.1848 of 2023

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: R3 - Notice served

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https://www.mhc.tn.gov.in/judis

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W.A.No.1848 of 2023

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JUDGMENT

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(Judgment delivered by the Hon'ble Chief Justice) Heard Mr.B.Gopalakrishnan, learned Counsel for the petitioner and

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Mrs.R.Anitha, learned Special Government Pleader for the respondents 1 and 2.

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The learned Counsel for the appellant submits that the impugned

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order was passed without impleading the appellant as a party. The appellant is the beneficiary of the subject writ property.

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The Court, while disposing of the Writ Petition, observed that it

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was not expressing any opinion on merits and directed to consider the third respondent's representation to conduct survey, measure the property and pass appropriate orders.

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When the Court had directed to pass appropriate orders, that would

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mean to pass orders after following the principles of natural justice and the procedure of law. Before taking any decision, the Government shall also

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give notice to the appellant and consider the objections of the appellant, if any.

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https://www.mhc.tn.gov.in/judis

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W.A.No.1848 of 2023

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With this clarification, this Writ Appeal is disposed of. There will

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be no order as to costs. Consequently, C.M.P.No.16176 of 2023 is closed.

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(S.V.G., CJ.) (D.B.C., J.) 17.10.2023

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Index : yes/no Speaking order/Non-speaking order Neutral Citation : yes/no grs To

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The Tahsildar, Mettur Taluk, Mettur, Salem District.

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The Survey Inspector / Taluk Surveyor, O/o. Tahsildar, Mettur, Salem District.

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https://www.mhc.tn.gov.in/judis

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W.A.No.1848 of 2023

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THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

grs

W.A.No.1848 of 2023

17.10.2023

https://www.mhc.tn.gov.in/judis

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Sivaprakasam v. the Tahsildar

Case brief

What is this about?

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Sivaprakasam v. the Tahsildar

Case brief

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