D.Vijayakumar v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.01.2025

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA W.M.P.No.2621 of 2025 D.Vijayakumar

...Petitioner

Vs 1.The District Collector, Rajaji Salai, Fourth Floor, No.62, Beach Road, George Town, Chennai, Tami Nadu 600 001.

2.The Tahsildar, Ambattur Taluk, Ambattur, Chennai - 53.

...Respondents

PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Certiorarified Mandamus, calling for the records to the impugned order dated 14.10.2024 made in Procs.No.2220/2024 passed by the 2nd respondent, quash the same and consequently direct the respondents to grant patta in favour of the petitioner for the grama natham in survey No.582/1, in Plot No.3 measuring an extent of 2125 sq.ft situated in Ambattur village. 1/4

For Petitioner : M/s.G.M.Gokul Ram for Ram Gokul Advocates and Associates For Respondents : Mr.M.R.Gokul Krishnan (For R1 & R2) Additional Government Pleader

ORDER

The Writ Petition has been filed for the following relief:- To call for the records of order dated 14.10.2024 made in Procs.No.2220/2024 passed by the 2nd respondent, quash the same and consequently direct the respondents to grant patta in favour of the petitioner for the grama natham in survey No.582/1, in Plot No.3 measuring an extent of 2125 sq.ft situated in Ambattur village. 2.Heard the learned counsels on either sides and perused the records. The learned Additional Government Pleader takes notice on behalf of the respondents.

3.Without going into the merits of the case, since in an earlier proceedings in W.P.No.15881 of 2024, this Court had disposed of the Writ Petition with a direction that the representation should be 2/4

considered after giving due notice to the neighbouring land owners. The petitioner is the neighbouring land owner has not been given any notice when the impugned order has been passed. Therefore, both on the ground of violation of principles of natural justice as well as not complied with the earlier order of this Court, this Writ Petition is allowed, the impugned order is set aside and the matter is remitted back to the second respondent for fresh consideration within a period of one month from the date of receipt of copy of this order.

4.With the above directions, this Writ Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed. 30.01.2025 Index : Yes/No Internet : Yes/No Speaking Order/Non Speaking Order ep 3/4

P.T.ASHA , J, ep To 1.The District Collector, Rajaji Salai, Fourth Floor, No.62, Beach Road, George Town, Chennai, Tami Nadu 600 001.

2.The Tahsildar, Ambattur Taluk, Ambattur, Chennai - 53.

W.M.P.No.2621 of 2025 30.01.2025 4/4