S.Karthika v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.12.2024
CORAM:
THE HONOURABLE MS.JUSTICE P.T.ASHA W.P.Nos.28310, 28313, 28315, 28311 and 27682 of 2024 W.M.P.Nos.30853, 30854, 30865, 30866, 30869, 30870, 30858, 30859 & 30203 of 2024 S.Karthika
...Petitioner in
W.P.No.28310 of 2024 Arun Anbarasu
...Petitioner in
W.P.No.28313 of 2024 Mohammed Haneef
...Petitioner in
W.P.No.28315 of 2024 S.Venkataraman
...Petitioner in
W.P.No.28311 of 2024 R.Prasanth
...Petitioner in
W.P.No.27682 of 2024 Vs 1.The District-Collector Office of the District Collectorate, 2.The District Revenue Officer, Office of the District Collectorate, Krishnagiri - 635 115.
3.The Taluk Tasildhar Office of Taluk Tasildhar, Hosur Taluk, 1/5
4.R.Chandar
...Respondents in all W.P's
COMMON PRAYER in W.P.Nos.28310, 28311, 28315 & 28313 of :- Writ Petitions filed under Article 226 of the Constitution of India, pleased to issue Writ of Mandamus, calling for the records relating to the impugned proceeding having reference No.Pa.Mu. 13527/ 2023/ J2 dated 21.07.2023 on the file of the 2nd respondent quash the same. PRAYER in W.P.No.27682 of 2024:-Writ Petition filed under Article 226 of the Constitution of India, pleased to issue Writ of Certiorarified Mandamus, Calling for records relating to the impugned order dated 21.07.2023 having ref. No. Pa.Mu. 13527/ 2023/ J2 passed by the 2nd Respondent quash the same and consequently direct the 2nd respondent to restore the patta in respect of thee land measuring to an extent of 1.06 acres in Survey No.397/1, situated at Mookkandapalli village, Hosur Taluk, Krishnagiri District.
In all W.P.'s:- For Petitioners : Mr.R.Bharath Kumar For Respondents : Mr.A.Selvendran (For R1 to R3) Special Government Pleader Not ready in notice - R4 COMMON ORDER 2/5
The Writ Petitions had been filed for Writ of Certiorari to quash the order passed by the second respondent dated 21.07.2023 in reference No.Pa.Mu.13527/2023/J2.
2.The petitioner and the fourth respondent claim title to the property through two different persons while so the second respondent on the basis of the fourth respondent's representation without considering the documents has passed the impugned order that too without hearing the petitioner and the order has been passed behind her back. The petitioner had sent a detailed representation to the first respondent setting forth the complete facts and sought review of the impugned order. However, no action had been taken and therefore, the petitioner has approached this Court to quash the order of the second respondent dated 21.07.2023.
3.Heard the learned counsels on either side and perused the records. The learned Government Advocate takes notice on behalf of respondents 1 to 3.
4.Without going into the merits or facts of the case, a mere perusal 3/5
of the impugned order would clearly show that the same has been passed without issuing notice to the petitioner and hearing her objections. Therefore, since the principles of natural justice has been violated, the Writ Petitions are allowed. The impugned order passed by the 2nd Respondent dated 21.07.2023 having ref. No.Pa.Mu.13527/2023/J2 is quashed. The matter is remitted back to second respondent for fresh consideration and the second respondent shall issue notice to the petitioners as well as the respondent and afford them a personal hearing so as to enable them to make their submissions and submit documents and thereafter pass orders on merits within a period of four months from the date of receipt of copy of this order.
5.Accordingly, the Writ Petitions are allowed. Consequently, connected miscellaneous petitions are closed. No costs. 21.12.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non Speaking Order ep P.T.ASHA , J, 4/5
ep To 1.The District-Collector Office of the District Collectorate, 2.The District Revenue Officer, Office of the District Collectorate, Krishnagiri - 635 115.
3.The Taluk Tasildhar Office of Taluk Tasildhar, Hosur Taluk, W.P.Nos.28310, 28313, 28315 , 28311 and 27682 of 2024 W.M.P.Nos.30853, 30854, 30865, 30866, 30869, 30870, 30858, 30859 & 30203 of 2024 21.12.2024 5/5