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2007 Supreme(Mad) 2294

PRABHA SRIDEVAN, P.JYOTHIMANI, A.P.SHAH
The Special Commissioner and Director of Survey and Settlement, Chennai – Appellant
Versus
M. Arumugam – Respondent


Advocates:
For the Appellant:Raja Kalifulla, GP, assisted by V.R. Thangavelu, GA (Writs). For the Respondent:R. Thiagarajan, SC, M. Muthappan, Advocate.

Judgment :-

A.P. Shah, C.J.

Whether the Director of Survey and Settlement is vested with suo motu power of revision under Section 5(2) of the Tamil Nadu Estates (Abolition and Conversion into Ryotwari) Act, 1948 (Act 26 of 1948) (for brevity sake, hereinafter will be referred to as the Act) is the issue referred to this Larger Bench. It is not necessary to traverse upon the factual features. Suffice it to say that the Director of Survey and Settlement in exercise of suo motu power under Section 5(2) of the Act cancelled the grant of patta issued in favour of the respondent by the Assistant Settlement Officer. In the writ petition preferred against the order of the Director of Survey and Settlement, the learned Single Judge referred to a decision of the Division Bench in the case of The Director of Survey and Settlement -vs- R. Ramadoss (1992 (2) L.W.265), wherein the Division Bench (consisting of Nainar Sundaram and Thanikkachalam, JJ.) has held that there is no suo motu power of revision under Act 26 of 1948 in the Director of Survey and Settlement under Section 5(2) of the Act. Following the said decision, the learned single Judge allowed the writ petition and set aside the order


































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