Vijay Anand v. The Appellate Authority / Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.01.2025

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD)Nos.700 & 701 of 2025 Vijay Anand ... Petitioner Vs.

1. The Appellate Authority / Revenue Divisional Officer, Cheranmahadevi RDO Office, Tirunelveli District.

2. The Tahsildar, Radhapuram Taluk Office, Tirunelveli District.

3. Joel Thambiraj,

4. Ratchanyapushpafelomina @ Felomina ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the proceedings of the Revenue Divisional Officer, Cheranmahadevi, Tirunelveli District, the 1st respondent herein made in his office PA.MU.C.PA.A.132(1533)2024/AA3 dated 01.07.2024, quash the same as 1/4

illegal and consequently, direct the 1st respondent to restore the patta No. 4732 in the name of VijayAnand/petitioner.

For Petitioner : M/s.K.Abiya For R-1 & R-2 : Mr.A.Kannan Additional Government Pleader

ORDER

Mr.A.Kannan, learned Additional Government Pleader takes notice for the first and second respondents. By consent of both the parties, this writ petition is taken up for final hearing at the admission stage itself.

2. The prayer in the Writ Petition reads as follows:- "To issue a Writ of Certiorarified Mandamus, to call for the records relating to the proceedings of the Revenue Divisional Officer, Cheranmahadevi, Tirunelveli District, the 1st respondent herein made in his office PA.MU.C.PA.A. 132(1533)2024/AA3 dated 01.07.2024, quash the same as illegal and consequently, direct the 1st respondent to restore the patta No. 4732 in the name of VijayAnand/petitioner."

3. Heard the learned counsels on either sides and carefully perused the materials available on record.

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4. The petitioner's patta bearing Patta No.4732 with respect to the land in Survey No.22/4A situated at Udayathurvillage, Radhapuram Taluk, Tirunelveli District, came to be cancelled by the impugned order dated 01.07.2024, without putting the petitioner on notice.

5. Since the said exercise will amount to violation of principle of natural justice, this Court is setting aside the impugned order and remand the same back to the first respondent with a specific direction to issue notice on the petitioner as well as the third and fourth respondents, and give them an opportunity of hearing and thereafter, pass appropriate orders in accordance with law.

6. With the above said direction, this Writ Petition is disposed of. There shall be no order as to the costs. Consequently, connected miscellaneous petitions are closed.

20.01.2025 NCC : Yes / No Index : Yes / No 3/4

jbr L.VICTORIA GOWRI, J.

jbr TO:-

1. The Appellate Authority / Revenue Divisional Officer, Cheranmahadevi RDO Office, Tirunelveli District.

2. The Tahsildar, Radhapuram Taluk Office, Tirunelveli District.

Order made in Dated 20.01.2025 4/4