The Commissioner of Land Vs S. Ramakrishnan

Prayer : Writ Appeal filed under Clause XV of Letters Patent, to allow the writ appeal and set aside the order dated 10-08-2021 in W.P(MD).No.13889 of 2021 on the file of this Court.

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For Appellants : Mr.Veera Kathiravan, Addl. Advocate General, Assisted by Mr.S.R.A.Ramachandran, Addl. Government Pleader.

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For Respondent : Mr.K.C.Ramalingam

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JUDGMENT

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(Judgment of the court was delivered by G.R.Swaminathan, J.)

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The first respondent / Ramakrishnan filed W.P.(MD)No.13889 of 2021 for issuance of patta. The learned Single Judge noted that the writ petitioner is having a decree in his favour in O.S.No.90 of 2008 on the file of the Principal District Munsif Court, Manamadurai. In that view of the matter, the writ petition was allowed. Aggrieved by the same, this writ appeal has been filed.

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2.When the matter was taken up for hearing, the learned Additional

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Government Pleader pointed out that questioning the decree granted in

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

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W.A.(MD)No.1194 of 2022

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favour of the writ petitioner, the department filed appeal. But there was delay in filing the appeal. The condone delay petition was dismissed. Challenging the same, the District Administration filed C.R.P.(MD)No.3125 of 2023. The civil revision petition was allowed on 18.02.2025 on payment cost of Rs.10,000/-. It appears that the writ petitioner refused to receive the cost. Now the amount has been directed to be deposited to the credit of the suit. The learned Additional Government Pleader states that the cost is going to be remitted by today ie., 18.03.2025 itself. In any event, the appellant has time till 28.03.2025 for remitting the cost.

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3.Since this Court had condoned the delay in C.R.P.(MD)No.3125 of 2023, the appellate Court has to take up the appeal on file and dispose of it on merits and in accordance with law. Till the disposal of the appeal, the order of learned Single Judge will be put on hold and not enforced. The rights of the parties will abide by the outcome of the appeal.

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W.A.(MD)No.1194 of 2022

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4.The writ appeal is disposed of accordingly. No costs.

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Consequently, connected miscellaneous petition is closed.

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(G.R.S. J.,) & (M.J.R. J.,) 18.03.2025