P.Lavanya v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 03.01.2025
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No. 38665 of 2024 & W.M.P.Nos. 41862, 41863 & 41864 of 2024 1.P.Lavanya 2.Dilli 3.Sivalingam 4.P.Malar 5.P.Jayamanikandan
...Petitioner
Vs.
1.The Secretary to Government Revenue and Disaster Management Department, Land Disposal Wing (LB- III (1) Section, Fort St.George, Chennai 2.The District Collector Tiruvallur District, Tiruvallur 1/7
3.The District Revenue Officer Tiruvallur District, Tiruvallur 4.The Special Thasildar (ADW) Ponneri Division, Tiruvallur District, Tiruvallur 5.The Tahsildar Avadi Taluk, Chennai - 600 054 6.The District Adi Dravidar and Tribal Welfare Officer Tiruvallur District, Tiruvallur
...Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records relating to the proceedings of the 2nd respondent in Na.Ka.No.24632/2010/J1 dated 2.8.2024 and quash the same in so far as the petitioners are concerned and direct the respondents to make entry in the Village / Taluk land records and other relevant revenue records pertaining to the assignments / pattas granted to the petitioners in on-line "Tamilnilam" and to provide basic amenities such as laying of roads, providing power supply, drainage and water connection and other basic facilities etc, to the assigned lands comprised in Survey no.235, Avadi Taluk, Tiruvallur District.
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For Petitioner :
Mr. R.Kamaraj For Respondents :
Mr. M.R.Gokul Krishnan Additional Government Pleader.
O R D E R
The Writ Petition has been filed for the following relief: "Calling for the records relating to the proceedings of the 2nd respondent in Na.Ka.No.24632/2010/J1 dated 2.8.2024 and quash the same in so far as the petitioners are concerned and direct the respondents to make entry in the Village / Taluk land records and other relevant revenue records pertaining to the assignments / pattas granted to the petitioners in on-line "Tamilnilam" and to provide basic amenities such as laying of roads, providing power supply, drainage and water connection and other basic facilities etc, to the assigned lands comprised in Survey no.235, Avadi Taluk, Tiruvallur District". 3/7
2. The petitioners are aggrieved by the fact that the assignment deed which has been granted to them in the year 2001 has been cancelled by the impugned order dated 02.08.2024 without notice to the petitioners and hearing them.
3. Heard the learned counsels on the either side and perused the records.
4. Considering the above and the fact that the impugned order has been passed without notice to the petitioners, this Court without going into the merits of the case allows the Writ Petition on the ground that the principles of natural justice have been overlooked as the right which had accrued to the petitioners in the year 2001 have been revoked without notice to them.
5. The Writ Petition is allowed and the matter is remitted back to the 2nd respondent for a fresh consideration. The 2nd respondent shall issue notice to the petitioners and other interested parties, hear their 4/7
objections in person and thereafter pass a speaking orders. The said exercise shall be completed within a period of 3 months, from the date of receipt of a copy of this order. Consequently, the connected miscellaneous petitions are closed. No costs. 03.01.2025 Index : Yes/No Internet : Yes/No kan To 5/7
1.The Secretary to Government Revenue and Disaster Management Department, Land Disposal Wing (LB- III (1) Section, Fort St.George, Chennai 2.The District Collector Tiruvallur District, Tiruvallur 3.The District Revenue Officer Tiruvallur District, Tiruvallur 4.The Special Thasildar (ADW) Ponneri Division, Tiruvallur District, Tiruvallur 5.The Tahsildar Avadi Taluk, Chennai - 600 054 6.The District Adi Dravidar and Tribal Welfare Officer Tiruvallur District, Tiruvallur P.T. ASHA, J, 6/7
kan W.P.No. 38665 of 2024 03.01.2025 7/7