Mr.Sigamani v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.02.2025

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH and W.M.P.Nos.3860 and 3861 of 2025 Sigamani ... Petitioner Vs.

1.The District Collector Tiruvallur 2.The District Revenue Officer Tiruvallur 3.The Revenue Divisional Officer Tiruvallur 4.The District Adi Dravidar and Triabl Welfare Officer 5.The Tasildhar Avadi 6.The Special Thaslidar 1/6

SC & ST Welfare Ponneri, Tiruvallur District ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, calling for records of 1st respondent's proceedings in Na.Ka.No.24532/2010/J1 dated 02.08.2024 and quash the same. For Petitioner : Mr.J.James For Respondents : Mr.A.Selvendran Special Government Pleader

ORDER

This Writ Petition has been filed challenging the proceedings of the 1st respondent dated 02.08.2024.

2.Heard Mr.J.James, the learned counsel appearing on behalf of the petitioner and Mr.A.Selvendran, the learned Special Government Pleader appearing for the respondents.

3.The case of the petitioner is that free assignment house site patta was issued by the Special Tahsildar and the same was sought to be cancelled on an earlier occasion without notice. Writ petitions were filed before this Court and 2/6

this Court interfered with the order on the ground that principles of natural justice has been violated. The matter was remitted back to the file of the 1st respondent for fresh consideration after affording opportunity. The 1st respondent had once again passed the impugned order by not affording any opportunity to the petitioner and by merely getting a report from the Revenue officials. 4.A similar writ petition was filed before this Court in W.P.No.38665 of 2024 and this writ petition was allowed by an order dated 03.01.2025. This Court had set aside the order passed by the 1st respondent and remitted the matter back to the file of the 2nd respondent with a direction to afford opportunity to the petitioner and thereafter pass orders in accordance with law. 5.

The 1st respondent while passing the impugned order has gone by the report that was submitted by the authorities and the petitioner did not have any notice on this report to submit the objection and virtually the impugned order has been passed in violation of principles of natural justice. 6.

respondent in Na.Ka.No.24532/2010/J1 dated 02.08.2024 is hereby quashed. The matter is remitted back to the file of 1st respondent which shall be dealt with on its own merits and in accordance with law after affording opportunity to the petitioner and appropriate orders shall be passed as expeditiously as possible. 7.In the result, this writ petition is allowed with the above direction. No costs. Consequently, the connected miscellaneous petitions are closed. 04.02.2025 (5/6) Index : Yes / No kas To.

1.The District Collector Tiruvallur 2.The District Revenue Officer Tiruvallur 3.The Revenue Divisional Officer Tiruvallur 4/6

4.The District Adi Dravidar and Triabl Welfare Officer 5.The Tasildhar Avadi 6.The Special Thaslidar SC & ST Welfare Ponneri, Tiruvallur District 5/6

N. ANAND VENKATESH, J.

kas W.P.No.3484 of 2025 and W.M.P.Nos.3857 and 3858 of 2025 04.02.2025 (5/6) 6/6