CASE QUERY
A K SARAVANAN
(Querist) 20 March 2008
This query is : Resolved
A Dispute between land owner and super structure owner from long years, finally the commissioner of Land Adminsitration was passed a order in favour of us on 1992.
Land vested to government and super structure owner can move to patta.
The Land owner Writ petition filed to Madras High court on 1997 (after five years), case is pending till date. (01.11.2008) In the connections ,We are moving patta during the period from 1992.
Now we are trying patta under TN Free townside vested land patta Scheme.
Our doubt:
1. Writ petition is pending in the case
2. If we are getting patta from government under TN Free vested land scheme, the patta is valuable or not.
3. Writ petition filed after 5 years, the case is stand or not (I think time barred)
Kalpana.S
(Expert) 25 March 2008
The writ petition is hit by laches. However if sufficient cause is shown for the delay, the court may not look into the delay aspect.Regarding the demise of B, it depends on the application if any file for substitution by the legal representatives of B. If no application is filed, the writ petition stall stand dismissed as abated.
