Arumugam v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.12.2024
CORAM
THE HONOURABLE Ms. JUSTICE P.T.ASHA and W.M.P.No.31303 of 2024 Arumugam .. Petitioner Vs.
1 The District Collector Collectorate Office, 2 The District Revenue Officer Collectorate Office, Tiruvannamalai District. 3 The Revenue Divisional Officer/ Sub Collector RDO Office, Cheyyar Town and Taluk, 4 The Tahsildar Tahsildar Office, Chetpet Taluk 1/6
5 The Revenue Inspector Devikapuram Division, 6 The Village Administrative Officer, VAO Office, Murugamangalam Village Chetepet Taluk, Tiruvannamalai District.
7 Renugambal
8. Revathi
9. Veeramani .. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order dated 19/08/2024 passed by the 4th respondent in Ni.Mu.Aa2/3470/2024 for unilaterally directing to remove petitioner's name from joint patta issued to the property comprised in Survey No.47/5 situate at Murugamangalam Village, Chetpet Taluk, Tiruvannamalai District admeasuring an extent of 1.78 acres pursuant to order dated 08/08/2024 passed by the 4th respondent in Ni.Mu.Aa2/1905/2024 directing to issue joint patta in Petitioner's name and as well in the name of 9th respondent to the above mentioned subject property and quash the same and consequently to direct the 4th respondent to issue joint patta to the subject property within a time frame to be fixed by this Court. 2/6
For Petitioner :
Mr.D.Thirumoorthy For Respondents :
Mr.M.R.Gokul Krishnan 1 to 6 Additional Government Pleader For Respondents 7 to 9 :
Dr.G.Krishnamurthy
ORDER
This Writ Petition has been filed for a Certiorarified Mandamus to call for the records relating to the impugned order dated 19/08/2024 passed by the 4th respondent in Ni.Mu.Aa2/3470/2024, wherein the petitioner's name was unilaterally removed from the joint patta issued to the property comprised in Survey No.47/5 situated at Murugamangalam Village, Chetpet Taluk, Tiruvannamalai District admeasuring an extent of 1.78 acres, pursuant to the order dated 08.08.2024 passed by the 4th respondent in Ni.Mu.Aa2/1905/2024 directing to issue joint patta in petitioner's name and the name of 9th respondent for the above mentioned subject property and quash the 3/6
same and consequently to direct the 4th respondent to issue joint patta for the subject property within a time frame to be fixed by this Court.
2. Heard the learned counsel on either side.
3. The main grievance of the petitioner is that the Impugned Order dated 19.08.2024 has been passed without notice to the petitioner
4. A perusal of the Impugned Order dated 19.08.2024 would also prove the said contention. Therefore, without traversing through the facts of the case and since the impugned order was passed without notice to the petitioner, the same has to be set aside.
5. Under these circumstances, the Writ Petition is allowed. Therefore, Impugned Order dated 19.08.2024 is quashed and the matter is remitted back to the 4th respondent for fresh consideration. The 4th respondent shall issue notice to both parties and dispose of the case, within a period of 2 months from the date of receipt of a copy of this 4/6
order, on merits and in accordance with law. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. 18.12.2024 Index : Yes/No Internet : Yes srn To 1 The District Collector Collectorate Office, 2 The District Revenue Officer Collectorate Office, 3 The Revenue Divisional Officer/ Sub Collector RDO Office, Cheyyar Town and Taluk, 4 The Tahsildar Tahsildar Office, Chetpet Taluk 5/6
P.T.ASHA, J.
srn and W.M.P.No.31303 of 2024 18.12.2024 6/6