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Madras High CourtWP/7471/2014disposed of

Kothandaraman, v. The Executive Officer

2020-02-28Honourable Mr Justice C. Saravanan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.02.2020

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.No.7471 of 2014 and W.M.P.No.1 of 2014 Kothandaraman ... Petitioner Vs.

1.The Executive Officer, Office of the Town Panchayat, Srimushnam, Cuddalore District.

2.Poovaraghavan ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Certiorari, call for the records of the 1st respondent in the proceedings Lr.No.Ou.Mu.No.247/2013, dated 12.08.2013 and quash the same and along its consequential proceedings. For Petitioner :

Mr.T.Sivagnanasambandan For R1 : Mr.R.P.Prathap Singh Government Advocate For R2 : M/s.S.Thamizharasi

O R D E R

Heard the learned counsel for the Petitioner and the learned counsels for the Respondents.

2. The petitioner and the second respondent are brothers. Pursuant to the complaint of the second respondent, the revenue records have been altered by the impugned order. However, while altering the revenue records, no notice was issued to the petitioner and the impugned order came to be passed.

3. Since the impugned order has been passed without giving notice to the petitioner, I am inclined to interfere with the impugned order. Therefore ,the impugned order is set aside and the case is remitted back to the 1st respondent to pass appropriate order, after giving notice of heard both the https://hcservices.ecourts.gov.in/hcservices/

petitioner and the 2nd respondent, within a period of three months from the date of receipt of a copy of this order.

4. Accordingly, the Writ Petition stands disposed with the above directions. No cost. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS-III) //True copy// Sub Assistant Registrar jas / jen To The Executive Officer, Office of the Town Panchayat, Srimushnam, Cuddalore District.

+1cc to Mr.T.Sivagnanasambandan, Advocate SR.No.17832 +1cc to M/s.S.Thamizharasi, Advocate SR.No.17529 +1cc to Mr.R.P.Prathap Singh, Advocate SR.No.18131 W.P.No.7471 of 2014 and W.M.P.No.1 of 2014 VG II(CO) GMY(10/06/2020) https://hcservices.ecourts.gov.in/hcservices/