E.Manjula v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 07.01.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No. 13 of 2025 and W.M.P.No.14 of 2025 E.Manjula ....

Petitioner Vs

1. The District Collector, Villupuram District, Villupuram.

2. The Revenue Divisional Officer, Villupuram Division, Villupuram.

3. The Tahsildar, Vanur Taluk, Vanur, Villupuram District.

4. Kuppan ....

Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records pertaining to the order passed by the 2nd respondent in No.Pa.Mu.A3/2746/2023 dated 23.1.2024 and quash the same.

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For Petitioner :

Mr.A.E.Ravichandran For R1 to R3 :

Mr. A.Selvendran Special Government Pleader.

ORDER

The present writ petition has been filed for a writ of certiorari to quash the order passed by the second respondent dated 23.01.2023, in and by which the patta standing in the name of the petitioner has been cancelled based on a representation made by the fourth respondent.

2. Without delving into the facts or merits of the case, suffice it to state that the petitioner is aggrieved by the fact that the order was passed without affording her an opportunity to be heard, despite a statement to the contrary. Therefore, considering the fact that the impugned order has been passed without following the principles of natural justice, the writ petition is taken up for hearing, and orders passed at the admission stage without issuing notice to the fourth respondent. The impugned order does not reflect any arguments made by the petitioner herein, which is evident from its contents. It is, 2/4

therefore, concluded that the order has been passed without hearing the petitioner.

3. In the light of the above, the impugned order passed by the second respondent dated 23.01.2023 is hereby set aside. The matter is remitted back to the second respondent for fresh consideration, after issuing notice to both the petitioner as well as the fourth respondent, hearing their objections in person, and passing a speaking order. The said exercise shall be completed within a period of twelve (12) weeks from the date of receipt of a copy of this order.

4. With the above observation, this writ petition stands allowed. Consequently, connected miscellaneous petition is closed. No costs. 07.01.2025 Index : Yes/No Internet : Yes/No Lpp 3/4

P.T. ASHA, J, Lpp To

1. The District Collector, Villupuram District, Villupuram.

2. The Revenue Divisional Officer, Villupuram Division, Villupuram.

3. The Tahsildar, Vanur Taluk, Vanur, Villupuram District.

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