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Madras High CourtWP/585/2022dismissed

Karthikeyan v. The Collector

2022-01-20Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.01.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.NO.585 OF 2022 AND W.M.P.NOS.639 AND 640 OF 2022

1. Karthikeyan

2. Senkodan

3. E.K.V.Kokil Tharshan ... Petitioners -Vs1. The Collector, Kallakuruchi, Kallakuruchi District.

2. The Sub Collector / Revenue Divisional Officer, Kallakuruchi, Kallakuruchi District.

3. The District Revenue Officer, Kallakuruchi, Kallakuruchi District.

4. The Tahsildar, Chinnasalem, Kallakuruchi District.

... Respondents Prayer :- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari, calling for the records relating to the proceedings in Na.Ka.A2/5943/2019, dated 19.02.2021 and quash the same. For Petitioners : M/s.Kanimozhi Mathi For Respondents : Mr.V.Jeevagiridharan Additional Government Pleader

ORDER

This Writ Petition has been filed for the issuance of Writ of Certiorari, calling for the records relating to the proceedings in Na.Ka.A2/5943/2019, dated 19.02.2021 and quash the same.

2.

Heard M/s.Kanimozhi Mathi, learned counsel appearing for the petitioners and Mr.V.Jeevagiridharan, learned Additional Government Pleader appearing for the respondents. 3.

The petitioners challenged the notice issued by the second respondent and called upon the petitioners to attend the enquiry to be held on 24.02.2021, on the application submitted by one Desingu Raja to cancel the conditional patta issued in favour of the petitioners in respect of the property comprised in Survey No.288, ad-measuring 5.58.50 hectares situated at Kachirayapalayam Village, Chinnasalem, Kallakuruchi District. 4.

After the said notice, the second respondent also issued another notice for the enquiry to be conducted on 08.12.2021. However, the said subsequent summon is not under challenge in this writ petition. It is seen from the records that it is only a notice for enquiry and as such this Court finds no infirmity or illegality in the notice issued by the second respondent.

5.

Therefore, the writ petition is devoid of merits and is liable to be dismissed. However, the second respondent is directed to conduct an enquiry, after giving an opportunity of hearing to the petitioners and the counter parties if any and pass orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order, if not already disposed of.

6.

In view of the above, this writ petition stands dismissed. Consequently, connected Miscellaneous petitions are closed. There shall be no order as to costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mn

To

1. The Collector, Kallakuruchi, Kallakuruchi District.

2. The Sub Collector / Revenue Divisional Officer, Kallakuruchi, Kallakuruchi District.

3. The District Revenue Officer, Kallakuruchi, Kallakuruchi District.

4. The Tahsildar, Chinnasalem, Kallakuruchi District.

+1cc to M/s.Kanimozhi Mathi, Advocate, S.R.No.3461 +1cc to the Government Pleader, S.R.No.3983 W.P.No.585 of 2022 and W.M.P.Nos.639 and 640 of 2022 PCH(CO) PM/10/02/2022