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1996 Supreme(Mad) 546

S.M.ABDUL WAHAB, SRINIVASAN
M. Veeraswamy – Appellant
Versus
Special Commissioner and Commissioner of Land Administration, Madras – Respondent


Advocates Appeared:
For the Petitioner:S.S. Sundar of T.R. Rajaraman, Advocates.
For the Respondent:P. Rajamanickam Additional Government Pleader on behalf respondents, R.M. Kannappan Rajendran, Advocates.

Judgment :-

SRINIVASAN, J.

1. W.P. No. 2739 of 1986:—

This Writ petition is filed by Veeraswamy for issue of a certiorari, calling for the records relating to the order of the Special Commissioner, Commissioner of Land Administration, Chepauk, Madras in CLA.D. Dis(K) R.P 51/80 dated 14-2-1986 and to quash the same. The facts relevant for the purpose of this writ petition are shortly as follows:—

2. The lands in dispute viz., S. Nos. 1094/1 and 1094/4 of an extent of 1.29 acres and 33.89 acres respectively were taken over under Tamil Nadu Estates Abolition Act, Act 26 of 1948 (hereinafter referred to as the Act) on 5-3-1954. They were registered as forest lands. Notification under S. 4 of the Tamil Nadu Forest Act was issued, followed by proclamation under Sec. 6.

3. The parents of the petitioner herein filed an application before the Assistant Settlement Officer, Madurai for issue of patta under S. 11(a) of the Act. The Assistant Settlement Officer found that their claim was based on a bogus patta, said to have been issued by the landholder for fasli 1353, and rejected the same by order dated 9-1-1964. That order was not challenged and it became final. Long afterwards, the petitioner he













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