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Madras High CourtWP(MD)/10607/2012allowed

M.Murugesapandian, v. The District Revenue Officer,

2023-07-04Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.07.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and M.P.(MD)No.3 of 2012 1.M.Murugesapandian 2.S.Lakshmanaperumal ... Petitioners Vs.

1.The District Revenue Officer, Tuticorin District, Tuticorin.

2.The Revenue Divisional Officer, Kovilpatti, Tuticorin District.

3.The Thasildar, Kovilpatti, Tuticorin District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records pertaining to the impugned order of the 1st respondent herein Na.Ka.No.D1/70697/O2 dated 20.05.2011 and quash the same. 1/4

For Petitioners : Mr.G.Mohan Kumar For Respondents : Mr.Veerakathiravan, Addl. Advocate General, Assisted by Mr.D.Gandhiraj, Spl. Government Pleader.

ORDER

Heard the learned counsel for the writ petitioners and the learned Additional Advocate General assisted by the learned Special Government Pleader for the respondents.

2.The petitioners question the impugned order whereby assignment made in favour of the predecessor in title was cancelled. It is seen from the record that the petitioners were not put on notice. Violation of principles of natural justice is apparent.

3.In this view of the matter, the order impugned in this writ petition is set aside and the matter is remanded to the file of the first respondent. I make it clear that I have interfered with the impugned order only on a technical ground and the merits of the matter have not 2/4

been gone into. The first respondent shall issue fresh notice to the petitioners and after holding proper enquiry pass order afresh on merits and in accordance with law. This writ petition is allowed. No costs. Consequently, connected miscellaneous petition is closed. 04.07.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 1.The District Revenue Officer, Tuticorin District, Tuticorin.

2.The Revenue Divisional Officer, Kovilpatti, Tuticorin District.

3.The Thasildar, Kovilpatti, Tuticorin District.

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G.R.SWAMINATHAN, J.

ias 04.07.2023 (2/2) 4/4