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2025 DAILYLAW 96899 (MAD)

MR.C.BAKTHAVACHALAM v. STATE OF TAMIL NADU

WP/34821/2024 · 2025-01-06

P T Asha

Transfer Petitionbody2025

Judgment text

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W.P.No.34821 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 06.01.2025 CORAM THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No.34821 of 2024 and W.M.P.Nos.37764 to 37766 of 2024 1.Mr.C.Bakthavachalam 2.Jayabarathi.P 3.Duvurru Renuka ... Petitioners Vs. 1.State Of Tamil Nadu Rep By The Principal Secretary To Government Adhi Dravidar And Tribal Welfare Department, Fort St. George, Chennai- 09. 2.Adi Dravidar And Tribal Welfare Directorate Rep By Its Commissioner Ezhilagam Annexe Building, 1st Floor, Kamarajar Salai, Chepauk, Chennai- 05. 3.District Collector, Kancheepuram Vandhavasi Road, Kancheepuram District, Tamil Nadu- 631 501. 4.The Special Tahsildar Adhidravidar And Tribal Welfare Department Taluk Office Compound, Kancheepuram - 631 501. 1/6 https://www.mhc.tn.gov.in/judis W.P.No.34821 of 2024 5.Tahsildar Uthiramerur Taluk, Kancheepuram District, Tamil Nadu- 603 406. ...Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorarified Mandamus, Calling for entire records of the 1st Respondent in letter No. 15291 /NeA2(1) / 2010 -9 dated 14.01.2011 and quash the same and consequently direct the rspondents to re- convey the acquired lands comprised in Survey No.17/ 4 (0.45 acres), 18/1 (0.35 acres) 18/2 (0.40 acres) and 18/3 (0.19 Acre) with a total ares of 1.39 acres of Ammaiyappa Nallur village, Uthiramerur Taluk Kancheepuram District to the petitioners herein. For Petitioner : M/s.K.M.Mrithun Jayan For Respondents : M/s.A.Selvendran, Spl.GP for R.1 to R.5 O R D E R The Writ Petition is filed for the following reliefs:- "Calling for entire records of the 1st Respondent in letter No. 15291 /NeA2(1) / 2010 -9 dated 14.01.2011 and quash the same and consequently direct the respondents 2/6 https://www.mhc.tn.gov.in/judis W.P.No.34821 of 2024 to re- convey the acquired lands comprised in Survey No.17/ 4 (0.45 acres), 18/1 (0.35 acres) 18/2 (0.40 acres) and 18/3 (0.19 Acre) with a total ares of 1.39 acres of Ammaiyappa Nallur village, Uthiramerur Taluk Kancheepuram District to the petitioners herein." 2. Heard the learned counsels on either side. 3. It is brought to the notice of this Court that earlier the Writ Petitioners' father had moved a Writ Petition in W.P.No.1695 of 2011 for an identical relief which is extracted as follows:- "Writ Petition has been filed under Article 226 of the Constitution of India to issue a writ in the nature of certiorarified mandamus, to call for the records of the first respondent in letter No.15291/Ne.A.2(1)/2010-9 dated 14.01.2011 passed by the first respondent and quash the same and consequently direct the respondents to re-conveyance the lands acquired by the respondents situated in survey No.17/4 (0.45 acres), Under Survey No.18/1 (0.35 acres), Under Survey No.18/2 (0.40 acres) and Under Survey No.18/3 (0.19 acre) of Ammaiyappa Nallur Village Uthiramerur Taluk Kancheepuram District." 3/6 https://www.mhc.tn.gov.in/judis W.P.No.34821 of 2024 4. The Writ Petition filed by the petitioners' father in W.P.No.1695 of 2011 was dismissed by this Court on 12.09.2011. Now, 14 years later, the petitioners have filed the present writ petition seeking similar reliefs. 5. Since a Writ Petition seeking the very same relief in W.P.No.1695 of 2011 has been dismissed by order of this Court dated 12.09.2011, the same order would enure to the present Writ Petition. 6. Accordingly, the Writ Petition stands dismissed. No costs. Consequently, the connected Miscellaneous Petitions are closed. 06.01.2025 (shr) Index : Yes/No Speaking Order: Yes/No Neutral Citation : Yes/No 4/6 https://www.mhc.tn.gov.in/judis W.P.No.34821 of 2024 To 1.State Of Tamil Nadu Rep By The Principal Secretary To Government Adhi Dravidar And Tribal Welfare Department, Fort St. George, Chennai- 09. 2.Adi Dravidar And Tribal Welfare Directorate Rep By Its Commissioner Ezhilagam Annexe Building, 1st Floor, Kamarajar Salai, Chepauk, Chennai- 05. 3.District Collector, Kancheepuram Vandhavasi Road, Kancheepuram District, Tamil Nadu- 631 501. 4.The Special Tahsildar Adhidravidar And Tribal Welfare Department Taluk Office Compound, Kancheepuram - 631 501. 5.Tahsildar Uthiramerur Taluk, Kancheepuram District, Tamil Nadu- 603 406. 5/6 https://www.mhc.tn.gov.in/judis W.P.No.34821 of 2024 P.T. ASHA . J., (shr) W.P.No.34821 of 2024 and W.M.P.Nos.37764 to 37766 of 2024 06.01.2025 6/6 https://www.mhc.tn.gov.in/judis