Libertatem Magazine

The First Respondent Not Entitled To Land Offered Outside Area for Distribution: Madras High Court

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An appeal was filed under Clause 15 of the Letters Patent against the order dated 14.02.2020.

Facts of the case

An appeal was filed under Clause 15 of the Letters Patent against the order dated 14.02.2020.

The learned Single Judge had set aside the proceedings of the Appellant and issued a direction to consider the application of the First Respondent, P.Gnanavel with respect to the land offered by him and if satisfied the conditions required to grant LPG distribution.

Arguments Before the Court

The Appellant had submitted that the land offered by the first respondent, P. Gnanavel was different from the one offered according to the application made. The earlier land was not approved as it was felt that it was outside the territorial jurisdiction of the area meant to be given for the distribution.

It was also contended that the aforesaid exercise could be done concerning the land offered at the first instance being the subject matter of the writ petition filed earlier as indicated in the application made.

The Respondent had also accepted the statement made.

Court’s observation

The court directed the Appellant to re-do the exercise after putting the first respondent on notice to the land indicated in the application originally. This was for the purpose of satisfying that the land is situated within the area earmarked for distribution.

The same should be done within eight weeks from the date of receipt of a copy of this judgment. If the area identified at the first instance was within the area meant for distribution, appropriate orders would have to be passed within a further six weeks after completion of the process of measurement and inspection. The assistance of Taluk Surveyor could also be sought if required.

If the land offered was outside the area meant to be utilized for distribution, the first respondent would not be entitled to the distribution.

Court’s Decision

The writ appeal was thus allowed by setting aside the order passed by the learned Single Judge and directing the appellant.

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