Allowed

The State of Tamil Nadu, v. Swarna Sethuraman

Madras HC5 Jan 2024WA(MD)/888/2016

Case brief

AI extract

What is this about?

The Madurai Bench allowed a writ appeal preferring by the State to set aside a order granting patta to petitioners. The Court held that since a second appeal against the civil decree is pending with a stay, the grant of patta cannot be enforced. Petitioners were directed to approach authorities after the appeal's disposal.

What did the court decide?

Impugned order dated 09.02.2009 set aside; liberty to work out remedy after disposal of second appeal.

The State of Tamil Nadu, Vs Swarna Sethuraman — Pension and Retirement Benefits | Madras HC (2024)

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W.A.(MD).No.888 of 2016

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 05.01.2024

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CORAM

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THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN AND THE HON'BLE MR.JUSTICE C.KUMARAPPAN

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W.A.(MD).No.888 of 2016 and

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C.M.P.(MD).No.5357 of 2016

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1.The State of Tamil Nadu,

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Represented by the District Collector,

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Nagercoil.

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2.The Tahsildar, Kalkulam Taluk, Kanyakumari District.

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3.The District Forest Officer, Kanyakumari District, Nagercoil. .. Appellants/Respondents 1 to 3

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Vs.

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1.Swarna Sethuraman

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2.Babu .. Respondents 1 and 2/Writ Petitioners

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Page 1 of 5

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

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W.A.(MD).No.888 of 2016

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3.Rashme Aras

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4.Preethi Aras .. Respondents 3 and 4/ Respondents 4 and 5

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PRAYER: Writ Appeal filed under Clause 15 of Letters Patent, praying to set aside the order dated 09.02.2009 made in W.P.(MD).No.11432 of 2005 and allow the Writ Appeal.

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For Appellants : Mr.D.Sachikumar

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Additional Government Pleader

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For Respondent : Mr.G.Thalaimutharasu

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JUDGMENT

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DR.G.JAYACHANDRAN,J. and C.KUMARAPPAN,J.

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This Writ Appeal is filed by the State being aggrieved by the order passed in W.P.(MD).No.11432 of 2005 dated 09.02.2009.

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The Writ Appeal pertains to issuance of Mandamus regarding grant

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of patta in favour of the respondents 1 and 2/writ petitioners. The writ petitioners based their rights based on the decree of the Civil Court. Despite

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Page 2 of 5

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

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W.A.(MD).No.888 of 2016

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obtaining decree, the authorities did not grant patta. Hence, the Writ Petition seeking a writ of Mandamus was filed and the same was allowed by this Court on 09.02.2009. Against which, the State has preferred the present Writ Appeal on the ground that the decree of the Civil Court has not attained finality as the State has preferred a Second Appeal, which is pending before this Court.

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When the matter came up for final disposal in an earlier occasion before this Court, the learned Special Government Pleader submitted that the Second Appeal in S.A.(MD).No.501 of 2015 preferred by the State against the decree in favour of the respondents was admitted and interim stay was granted.

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Admittedly, the Second Appeal in S.A.(MD).No.501 of 2015 is pending for disposal. In view of the above fact, the impugned order passed in W.P.(MD).No.11432 of 2005 dated 09.02.2009 is liable to be set aside. Hence, the Writ Appeal preferred by the State is allowed with liberty to the

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Page 3 of 5

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

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W.A.(MD).No.888 of 2016

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respondents 1 and 2/writ petitioners to work out their remedy in accordance with law after the disposal of the Second Appeal in S.A.(MD).No.501 of 2015. There shall be no order as to costs. Consequently, connected miscellaneous petition stands closed.

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(G.J.,J.) (C.K.,J.) 05.01.2024

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NCC : Yes / No Index : Yes / No Internet : Yes / No Lm

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Page 4 of 5

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

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W.A.(MD).No.888 of 2016

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DR.G.JAYACHANDRAN,J. and C.KUMARAPPAN,J.

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W.A.(MD).No.888 of 2016

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05.01.2024

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Page 5 of 5

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

The State of Tamil Nadu, v. Swarna Sethuraman

Case brief

What is this about?

What did the court decide?

The State of Tamil Nadu, v. Swarna Sethuraman

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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