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Madras High CourtWP/13846/2024disposed of

A.N.Rameshbabu v. The Tahsildar

2024-06-03Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.06.2024

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR and W.M.P.No.15004 of 2024 A.N.Rameshbabu .. Petitioner

Versus

The Tahsildar Tahsildar Office Avadi, Chennai - 600 071 .. Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records of the respondent dated 02.05.2024 in Na.Ka.No.179/24/A4 and quash the same. For Petitioner : Dr.P.Vasudevan For Respondent : Mr.P.Sathish Additional Government Pleader

ORDER

Challenge has been made in this writ petition as against the issuance of Form-I by the respondent under Revenue Recovery Act. 1/4

2. The main grievance of the writ petitioner is that the Form-I has been issued without any particulars, if the petitioner is furnished with particulars and opportunity and order is passed, he has no grievance. Hence, this petition.

3. The learned Additional Government Pleader appearing for the respondent submitted that the order has been issued in pursuant to the direction contained in the order of this Court in W.P.No.34121 of 2012 for recovery of a sum of Rs.2,63,940/- with interest, however, Form-I does not indicate any reference to such order.

4. Heard both sides and perused the materials placed on record.

5. By consent of both parties, this writ petition is taken up for final disposal.

6. Any order passed by the authorities which has a civil consequence must have a reference or reason. Any order without any reason or reference cannot be sustained in the eye of law. Accordingly, the impugned order stands quashed. The respondent is directed to issue Form-I indicating the nature of the proceedings passed by the District Collector under the Revenue Recovery 2/4

Act. Such exercise shall be completed within a period of ten days from the date of receipt of copy of this order.

7. With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 03.06.2024 dhk Index :Yes/No Internet :Yes/No : Yes/No To, The Tahsildar Tahsildar Office Avadi, Chennai - 600 071 3/4

N. SATHISH KUMAR , J.

dhk W.P.No.13846 of 2024 03.06.2024 4/4