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2023 Supreme(Mad) 2620

S. M. SUBRAMANIAM
Selvi – Appellant
Versus
District Collector, District Collectorate, Kallakurichi and District – Respondent


Advocates appeared:
For the Petitioners:V. Gunasekar, Advocate. For the Respondents:R1 to R4, C. Jayaprakash, Government Advocate, R5 to R7, R9 to R16, M. Muthappan, Advocates.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, calling for the records pertaining to the impugned 22.12.2021 in Ref.No.Na.Ka.A2/1847/2012 issued by the third respondent and follow-up proceedings and consequently quash the same.)

The order dated 22.12.2021 passed by the third respondent-Revenue Divisional Officer, Kallakurichi, is under challenge in the present writ petition.

2. It is not in dispute between the parties that the subject lands were assigned in favour of the petitioners and there is a dispute even in respect of the assignment.      3. The petitioners submitted an application for grant of patta based on the decree passed by the Civil Court granting an injunction not to dispossess the writ petitioners form the assigned property. The petitioners were granted patta based on the assignment made by the Government.

4. The relief as such sought for by the petitioners in the civil suit not to cancel the patta was rejected and thereafter, the Revenue Divisional Officer passed an order in proceedings dated 23.08.2021 asking the Tahsildar, Chinnasalem to file an appropriate appeal against the decree of injunct

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