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Madras High CourtWP/10667/2015allowed

C.Balvanthraj, v. The District Collector,

2024-11-29Honourable Ms. Justice P.T. Asha6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 29.11.2024

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No. 10667 of 2015 & M.P.No.2 of 2015 C.Balvanthraj

...Petitioner

Vs.

1.The District Collector, Thiruvallur District.

2.The Tahsildar, Ponneri Taluk, Thiruvallur District.

3.The Commissioner Minjur Panchayat Union, Ponneri Taluk, Thiruvallur District.

4.P.Kalaiarasan

...Respondents

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Prayer: Writ Petition is filed under Article 226 to issue a Writ of Certiorarified Mandamus, calling for the records relating to the order made in Na.Ka.No.1718/2014/A3 dated 29.12.2014 by the 1st respondent and quash the same as arbitrary, illegal and unconstitutional and direct the 1st respondent not to deal with the petition mentioned property.

For Petitioner :

Mr. N.Manokaran For Mr.G.Peranban For Respondents :

Mr. M.R.Gokul Krishnan 1 to 3 Additional Government Pleader.

For Respondent 4 :

Mr. K.Raja

O R D E R

Considering the fact that the impugned order is passed without notice to the petitioner, the impugned order dated 29.12.2014 is quashed. The matter is remitted back to the 1st respondent for fresh 2/6

consideration, after issuing notice to the complainant as well as the petitioner and the subsequent purchaser. The said exercise shall be completed within a period of 3 months from the date of receipt of a copy of this order.

2. It is made clear that there shall be no transfer of the open space which has been allegedly gifted to the Panchayat and which forms subject matter of the dispute herein. That apart, the revenue records shall not be transferred or mutated with reference to this area.

3. The Writ Petition is allowed. Consequently, the connected miscellaneous petition is closed. No costs.

29.11.2024 Index : Yes/No Internet : Yes/No kan 3/6

To 1.The District Collector, Thiruvallur District.

2.The Tahsildar, Ponneri Taluk, Thiruvallur District.

3.The Commissioner Minjur Panchayat Union, Ponneri Taluk, Thiruvallur District.

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P.T. ASHA, J, kan W.P.No. 10667 of 2015 5/6

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