W.P. (MD). No. 542 of 2006. Case: Ammavasai Vs The Commissioner of Land Administration, Government of Tamil Nadu. High Court of Madras (India)
| Case Number | W.P. (MD). No. 542 of 2006 |
| Counsel | For Appellant: R. Aravindan, Adv. And For Respondents: D. Muruganandam, Addl. Gov. Pleader |
| Judges | Vinod k. Sharma, J. |
| Issue | Tamil Nadu Patta Passbook Act 1983 - Sections 13 and 14; Specific Relief Act, 1963; Limitation Act - Section 14 |
| Judgement Date | July 04, 2011 |
| Court | High Court of Madras (India) |
Order:
Vinod k. Sharma, J.
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The Petitioner has invoked the extraordinary jurisdiction of this Court, to challenge the order passed by the Commissioner of Land Administration in revision, filed by the Petitioner, which was ordered to be dismissed as barred by limitation.
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The learned Counsel for the Petitioner contended, that the Petitioner was issued a patta by properly classifying the land, which was subsequently allotted to the Petitioner. The Petitioner being aggrieved by the order of changing of category of the land, filed revision under Section 13 of the Tamil Nadu Patta Passbook Act 1983. The District Revenue Officer, also rejected the revision.
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The Petitioner, thereafter challenged the order passed by the District Revenue Officer, before the Special Commissioner of Land Administration and Commissioner Land Administration, Chepauk, Chennai.
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The learned Special Commissioner for Land Administration and the Commissioner of Land Administration rejected the revision being time barred by holding that the grounds taken for condonation of delay did not constitute sufficient cause.
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Though, prima facie the impugned order can not be sustained, for the reasons that it is non-speaking order, as the order does not disclose the grounds taken for the condonation of delay and as to why the grounds did not constitute sufficient cause for condonation of delay.
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However, this Court cannot be accepted for the simple reason, that the revision before the Commissioner of Land Administration, was not competent, as under the Tamil Nadu Patta Passbook Act 1983.
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The decision of the District Revenue Officer in the revision is final, and is subject to...
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