Suresh Varma v. The District Revenue Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 21.01.2024
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.Nos. 30174 & 30177 of 2024 and W.M.P.Nos. 32847 & 32850 of 2024 Suresh Varma ... Petitioner in W.P. No. 30174 of 2024 V. Loknath ... Petitioner in W.P. No. 30177 of 2024 Vs
1. The District Revenue Officer, Krishnagiri District, Krishnagiri.
2. The Tahsildar, Hosur Taluk, Krishnagiri District.
3. Amsaveni ... Respondents in both WPs Common Prayer: Writ Petitions filed under Article 226 of the Constitution of India praying to issue Writ of Certiorarified Mandamus directing the respondents to call for the records in connection with the impugned order passed by the 1st respondent in Pa.mu.10073/2023/J2 dated 19.06.2023 and to quash the same and further direct the respondents 1 and 2 to restore the Patta in respect of the S. No. 36/1, Punugandoddi Village, Hosur Taluk, Krishnagiri 1/4
District.
For Petitioners : Mr.S. Sivakumar For Respondents 1 and 2 : Mr. M.R. Gokul Krishnan Additional Government Pleader For Respondent 3 : Mr. M. Mohamed Riyaz COMMON ORDER This Writ Petition has been filed for a Certiorarified Mandamus to call for the records in connection with the impugned order passed by the 1st respondent in Pa.mu.10073/2023/J2 dated 19.06.2023 and to quash the same and further direct the respondents 1 and 2 to restore the Patta in respect of the S.No. 36/1, Punugandoddi Village, Hosur Taluk, Krishnagiri District.
2. Heard the learned counsel on either side.
3. The main grievance of the petitioners is that the Impugned Order dated 19.06.2023 has been passed without issuing notice either to the petitioners or their vendors.
4. A perusal of the Impugned Order dated 19.06.2023 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 petitioners, the 2/4
same has to be set aside.
5. Under these circumstances, these Writ Petitions are allowed. Therefore, Impugned Order dated 19.06.2023 is quashed and the matter is remitted back to the 1st respondent for fresh consideration. The 1st respondent shall issue notice to both parties and dispose of the case, within a period of 3 months from the date of receipt of a copy of this order, on merits and in accordance with law. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.
21.01.2024 Index: Yes/No Speaking order/non-speaking order srn To,
1. The District Revenue Officer, Krishnagiri District, Krishnagiri.
2. The Tahsildar, Hosur Taluk, Krishnagiri District.
3/4
P.T.ASHA, J., srn W.P.Nos. 30174 & 30177 of 2024 and W.M.P.Nos. 32847 & 32850 of 2024 21.01.2024 4/4