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1990 Supreme(Mad) 1020

NAINAR SUNDARAM, THANIKKACHALAM
The Director of Survey and Settlement, Chepauk, Madras – Appellant
Versus
Ramadoss – Respondent


Advocates Appeared:
For the Appellant:K. Ravirajapandian, Addl. Government Pleader, U.N.R. Rao, Advocate.
For the Respondent:M. Venkatachalapathi, S.M. Loganathan, Advocates.

Judgment :-

This writ appeal is directed against the order of the learned single Judge in W.P. No. 3500 of 1982. That writ petition was preferred by the respondent herein as petitioner therein, questioning the show cause notice dated 11.3.1982 issued by the appellant herein, who is the respondent in the writ petition, for exercising suo motu powers of revision under the Tamil Nadu Estates (Abolition and Conversion into Ryotwari) Act 26 of 1948, hereinafter referred to as “the Act”. It is convenient for us it we refer to the parties in this judgment of ours as per their nomenclature in the writ petition, In view of the fact that the only question that was sought to be resolved before the learned single Judge and again before us is as to whether the respondent is vested with suo motu power of revision under S. 5 (2) of the Act, it is not necessary to traverse upon the factual features. Suffice it to state that what the respondent has ventured to do is only suo motu power of revision under the cover of S. 5(2) of the Act. S. 5(2) of the Act reads as follows:

“Every Settlement Officer shall be subordinate to the Director and shall be guided by such lawful instructions as he may issue fro













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