Dismissed

Subbaiah .K v. Valli

Madras HC4 Apr 2024WMP(MD)/4983/2024

Case brief

AI extract

What is this about?

This Writ Miscellaneous Petition, filed for leave to seek a review of an earlier order dismissing a writ challenge to a Lands Encroachment Notice, was dismissed. The Court held that if the petitioner has rights in Natham land, they must be established via a civil suit, not through writ proceedings. Hence, review was not admissible.

What did the court decide?

Leave to file Review Application was denied. The Writ Miscellaneous Petition seeking review of the earlier order was dismissed.

Subbaiah .K Vs Valli — Land Acquisition | Madras HC (2024)

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WMP (MD) No.4983 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction )

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Thursday, the Fourth day of April Two Thousand and Twenty Four

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PRESENT

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The Hon`ble Mr.Justice R.SUBRAMANIAN and

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The Hon`ble Mrs.Justice L.VICTORIA GOWRI

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WMP (MD) No.4983 of 2024

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Review Aplw(MD) SR No.16039 of 2024

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K.SUBBAIAH ... PETITIONER/PETITIONER

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1 VALLI

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2 THE DISTRICT COLLECTOR, SIVAGANGAI DISTRICT, SIVAGANGAI.

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3 THE REVENUE DIVISIONAL OFFICER, DEVAKOTTAI DIVISION, DEVAKOTTAI, SIVAGANGAI DISTRICT.

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4 THE TAHSILDAR KARAIKUDI TALUK, KARAIKUDI

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5 THE VILLAGE ADMINISTRATIVE OFFICER, KOOTHALUR BLOCK, KARAIKUDI TALUK, SIVAGANGAI DISTRICT. ... RESPONDENTS/RESPONDENTS

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Writ Miscellaneous Petition filed praying that in the circumstances stated https://www.mhc.tn.gov.in/judis therein and in the affidavit filed therewith the High Court may be pleased to grant

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WMP (MD) No.4983 of 2024

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leave to file the Review Application against the order in W.P.(MD).No. 6515 of 2023 dated 27.03.2023, on the file of this Honble Court and thus render justice.

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Prayer in Review Aplw(MD) SR No.16039 of 2024:

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Pleased to review the order passed by this Hon'ble Court in WP(MD)No.6515 of 2023 on the file of this Hon'ble Court dated 27.03.2023.

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Prayer in WP(MD). 6515/ 2023 :

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Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, challenging the impugned notice issued by the 3rd respondent of section 7 Notice of Land Encroachment Act, 1905 dated 08.03.2023 received by the petitioner on 09.03.2023 as illegal and quash the same and further directing the respondents to grant patta in favour of the petitioner, on the ground that the petitioner land is a Gramam Natham Land and the petitioner was in possession for several years.

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ORDER : This Writ Miscellaneous Petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.R.SHANKAR GANESH, Advocate for the petitioner and of Mr.D.GANDHIRAJ, Special Government Pleader on behalf of the Respondents No.2 to 5, the court made the following order:-

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(Order of the Court was made by R.SUBRAMANIAN, J.)

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This petition has been filed seeking leave to seek review of the order dated 27.03.2023 made in WP (MD)NO.6515 of 2023. The challenge in this Writ Petition was

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to the Notice under Section 7 of the Land Encroachment Act 1905, we have allowed

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the Writ Petition on the ground that the Act itself would not apply to a property which is classified as Natham. It is the claim of the petitioners that the land belongs to the Village and the public have right in the land. If they have any right in the land

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https://www.mhc.tn.gov.in/judis it is open to them to establish their rights by way of properly constituted Civil Suit,

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WMP (MD) No.4983 of 2024

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they cannot seek review of this order. Hence, this petition is dismissed.

sd/04/04/2024

/ TRUE COPY /

/05/2024

Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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1 THE DISTRICT COLLECTOR, SIVAGANGAI DISTRICT, SIVAGANGAI.

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2 THE REVENUE DIVISIONAL OFFICER, DEVAKOTTAI DIVISION, DEVAKOTTAI, SIVAGANGAI DISTRICT.

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3 THE TAHSILDAR KARAIKUDI TALUK, KARAIKUDI

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4 THE VILLAGE ADMINISTRATIVE OFFICER, KOOTHALUR BLOCK, KARAIKUDI TALUK, SIVAGANGAI DISTRICT.

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+1 CC to M/s.R.SHANKAR GANESH, Advocate ( SR-18725[F] dated 05/04/2024 ) +1 CC to M/s.THE SPECIAL GOVERNMENT PLEADER ( SR-4283[I] dated 08/04/2024 )

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ORDER IN WMP (MD) No.4983 of 2024 in Review Aplw(MD) SR No.16039 of 2024 Date :04/04/2024 SA/GS/SAR. /23.05.2024/3P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.

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

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Subbaiah .K v. Valli

Case brief

What is this about?

What did the court decide?

Subbaiah .K v. Valli

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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