Back
D. KRISHNAKUMAR, P. B. BALAJI
K. S. Anandan – Appellant
Versus
Revenue Divisional Officer, Ponneri, Tiruvallur – Respondent
JUDGMENT
(Prayer: Appeal filed under Clause 15 of Letter Patent praying to set aside the order passed by this Court in W.P.No.21935 of 2013 dated 03.02.2020.)
P. B. Balaji,
1. The unsuccessful Writ petitioner is the appellant before us.
2. The appellant filed W.P. No.21953 of 2013 seeking issuance of a Writ of Certiorari to quash the proceedings dated 10.05.2012 and consequential order dated 02.08.2013 on the file of the 1st respondent, the Revenue Divisional Officer, Ponneri. The sum and substance of challenge to the said impugned proceedings as well as the consequential order was that the petitioner was not offered any opportunity and he had no notice of the proceedings initiated under Section 145 of the Code of Criminal Procedure. The further grievance of the petitioner was that he had purchased lands in question, from his vendors, who had directly purchased the same from the Burma Repatriates, for valid consideration. Therefore, the impugned proceedings as well as the order were vitiated and also in violation of principles of natural justice. Before the Writ court, no counter was filed by the statutory respondents. However, the 2nd respondent alone filed a counter claiming to be th
The impugned proceedings and the consequent order were found to be without jurisdiction and in violation of principles of natural justice, depriving the appellant of a fair opportunity to appear and ....
Compliance with the Land Acquisition Act, including the deposit of compensation and evidence of physical possession, is crucial for the validity of acquisition proceedings.
The Land Acquisition Officer's failure to independently assess objections vitiates the acquisition process, which must comply with statutory requirements including Section 5A of the Land Acquisition ....
The court emphasized the importance of proving ownership of land and upheld the authority of the Sub-Divisional Magistrate to issue eviction orders under Section 133 of Cr.P.C. read with Section 15 o....
The proceedings under Section 145 of the Code of Criminal Procedure are intended to maintain public order and do not adjudicate property title, focusing instead on actual possession to prevent breach....
The main legal point established is the importance of following due process of law and the limited scope of interference under Article 226 of the Constitution of India in land dispute cases.
The settlement claim must be substantiated with relevant documents in a summary proceeding.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
