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2011 Supreme(Mad) 3600

ELIPE DHARMA RAO, M.VENUGOPAL
C. Sabesan Chettiar – Appellant
Versus
District Revenue Officer Coimbatore District – Respondent


Advocates appeared:
For the Appellants:B. Harikrishnan, Advocate.
For the Respondents:R1 to R3 - V. Raniselvam, A.G.P., R4 - S. Thangasivam, Advocate.

JUDGMENT :-

M. Venugopal, J,

1. This instant Writ Appeal has been projected by the First Appellant/4th Respondent (Deceased) as against the order dated 20.04.2009 passed by the Learned Single Judge in W.P.No.17340 of 2008. Subsequent to the death of the First Appellant on 03.08.2010 (during the pendency of the Appeal), his Legal Representatives have been brought on record as Appellants 2 to 5 in the Writ Appeal.

2. The Learned Single Judge, while passing the order dated 20.04.2009 in W.P.No.17340/2008 filed by the Fourth Respondent, has, among other things, observed that, "In this writ petition, this court is not deciding the question of title of the above said property. But it was called upon to examine the legality of the impugned order passed by the first respondent. Therefore, the said decisions are not applicable to the facts of this case. It is trite law the special machinery provided under the relevant Act is only to decide the nature and character of the land for the purpose of assigning patta and if it is a matter relating to adjudication of title, it has no jurisdiction to decide the same and can direct the parties to approach the competent civil forum." Also, the Learned S








































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