S.Abitha v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.01.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA and W.M.P.No.43323 & 43324 of 2024 S.Abitha ... Petitioner Vs.

1.The District Collector Thiruvallur, Thiruvallur District.

2.The District Revenue Officer, Thiruvallur, Thiruvallur District.

3.The Revenue Divisional Officer, Thiruvallur, Thiruvallur District.

4.The District Adi Dravidar And Tribal Welfare Officer Thiruvallur District.

5.The Tasildar, Avadi, Thiruvallur District.

6.The Special Tahsildar SC and ST Welfare, Ponneri, Thiruvallur District.

...Respondents

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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 of the 1st respondents proceedings in No. Na.Ka. No.24532/ 2010/ J1 dated 2.08.2024 quash the same.

For Petitioner : M/s.M.Jaisingh For Respondents : M/s.A.Selvendran, Spl.GP for R.1 to R.6

O R D E R

The Writ Petition has been filed for the following relief: "calling for the records of the 1st respondents proceedings in No. Na.Ka. No.24532/ 2010/ J1 dated 2.08.2024 quash the same."

2. The petitioner is aggrieved by the fact that her patta, which was granted to her in the year 1999 by the 6th respondent, has been cancelled by the impugned order dated 02.08.2024 without issuing notice to her.

3. Heard the learned counsels on the either side and perused the records.

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4. Considering the fact that the impugned order has been passed without issuing notice to the petitioner, 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of natural justice have been overlooked as the right which had accrued to the petitioner in the year 1999 has been revoked without notice to her.

5. The Writ Petition is allowed. The impugned order passed by the 1st respondent dated 02.08.2024 is quashed and the matter is remitted back to the 1st respondent for a fresh consideration. The 1st respondent shall issue notice to the petitioner and other interested parties, hear their objections in person and thereafter pass a speaking order. 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.

07.01.2025 (shr) Index : Yes/No Speaking Order: Yes/No 3/5

To 1.The District Collector Thiruvallur, Thiruvallur District.

2.The District Revenue Officer, Thiruvallur, Thiruvallur District.

3.The Revenue Divisional Officer, Thiruvallur, Thiruvallur District.

4.The District Adi Dravidar And Tribal Welfare Officer Thiruvallur District.

5.The Tasildar, Avadi, Thiruvallur District.

6.The Special Tahsildar SC and ST Welfare, Ponneri, Thiruvallur District. 4/5

P.T. ASHA . J., (shr) and W.M.P.No.43323 & 43324 of 2024 07.01.2025 5/5