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1996 Supreme(Mad) 360

K.A.SWAMI, KANAKARAJ
P. Ayyanar – Appellant
Versus
Mrs. Rathinam and 3 others – Respondent


Advocates:
Mr.R.Balasubramanian for Appellant. Mr.R.Gandhi. Senior Advocate, for M/s. R.G. Narendran & K.K. Sendhilvelan, for 1st Respondent; Mr.R.Muthukumarasamy Government Pleader for Respondents No.2 to 4.

Judgment :-

K.A. Swami, CJ.

1. At the stage of admission, respondents are notified. Accordingly. Mr.R. Gandhi, learned Senior Counsel has put in appearance for the 1st respondent. The other respondents are the official respondents. As the appeal lies in a narrow compass, it is admitted and heard for final disposal.

2. This appeal is preferred against the order dated 11. 95 passed by the learned Single Judge in W.P.No.8888 of 1985. The learned single Judge has allowed the writ petition and quashed the orders passed by the Tahsildar Record Officer, Appellate Authority and also the revisional authority and remitted the matter to the Tahsildar-Record Officer, Madurai for fresh disposal in accordance with law. The order passed by the learned single Judge, being short one, we extract the same as hereunder:

“Arguments of the learned Advocates for the writ petitioner together with the arguments of the learned Advocate for the respondents were heard. The point that arises for consideration is whether there are valid grounds to allow the writ petition or not?

At the very outset I would like to state that the learned Advocate for the writ petitioner did not argue the matter on merits but



















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