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2015 Supreme(Mad) 3276

SANJAY KISHAN KAUL, M.SATHYANARAYANAN, T.S.SIVAGNANAM
T. K. Shanmugam Secretary, C. P. I. (M) North Chennai District Committee – Appellant
Versus
State of Tamil Nadu Rep. , by its Secretary to Govt. , Department of Revenue, Fort St. , George, Chennai – Respondent


Advocates:
Advocate Appeared:
For petitioner: Mr. N.G.R. Prasad for M/s. S. Sivakumar & J.Prataban.
For Respondents: Mr. P.H. Arvind Pandian AAG Assisted by V.R.Kamalanathan AGP for RR1 to R4, Mr. K. Rajasrinivas for R5, Mr. N. Ramesh for R6, Mr. S. Shinu for R7, Mr. V.N. Santha Ram for R8, Mr. Naveen Kumar Murthi (Amicus Curiae).

ORDER

M. SATHYANARAYANAN & T.S. SIVAGNANAM, JJ.

The petitioner, Secretary of a political party, has filed this Writ Petition designed as a Public Interest Litigation praying for a direction upon the Collector, Chennai District and the Collector, Thiruvallur District, respondents 3 and 4 herein to grant patta and regularize the encroachment in Survey Nos.1, 2 and 4 (Parts) in No.60, Menambedu Village and in Survey No.813 in No.61, Korattur Village, Ambattur Taluk in terms of Government Orders in G.O.Ms.No.854, dated 30.12.2006, read with G.O.Ms.No.579, dated 03.10.2008, issued by the Secretary to Government of Tamil Nadu, Department of Revenue, the first respondent in terms of the decision of the Division Bench of this Court in the case of Sivakasi Region Tax Payers Association vs. State of Tamil Nadu reported in 2008 (5) MLJ 1425.

2. Before we go into the point of reference laid before the Full Bench, it would be necessary to have a prelude on the factual scenario. The petitioner seeks to canvass the case of the encroachers in the lands in question and seeks for a direction to the Revenue Authorities to grant patta to them in accordance with the Government Orders dated 30.12.2006 and













































































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