R. Muthulakshmi v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.12.2022

CORAM

THE HON'BLE MR.JUSTICE K.KUMARESH BABU and M.P(MD)No.1 of 2013 R.Muthulakshmi ... Petitioner Vs.

1.The District Collector, Sivagangai District.

2.The Tahsildar, Ilayankudi Taluk, Sivagangai District.

3.Sangamuthu ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records of the impugned notice issued by the 2nd respondent in Na.Ka.A11/2649/2013 dated 05.12.2013 and quash the same and consequently direct the 1st and 2nd respondents not to interfere with the petitioner's possession in S.No.332/15 in Kachathanalloor, Ilayankudi Taluk, Sivagangai District.

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For Petitioner : Mr.R.Gowri Shankar For R1 & R2 : Mr.V.Om Prakash Government Advocate

ORDER

The present writ petition has been filed challenging a show cause notice issued to the petitioner calling upon her to appear for enquiry on the allegation that the conditions in the assignment patta has been violated. What is impugned in the writ petition is only a show cause notice and the petitioner has also not submitted her objections as the said show cause notice has also been stayed by this Court.

2. A perusal of the show cause notice would show that there has been serious violations of the assignment order. The decree obtained by the petitioner in O.S.No.2 of 2011 will not stand in the way of the respondents deciding whether there is any violation of the assignment conditions.

3. In view of the same, the petitioner is directed to appear before the 2nd respondent on 05.01.2023 and the 2nd respondent shall hear the 2/4

petitioner and pass appropriate orders on merits and in accordance with law.

4. With the above said observations, this Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.

08.12.2022 Index :

Yes / No Internet :

Yes / No gbg To 1.The District Collector, Sivagangai District.

2.The Tahsildar, Ilayankudi Taluk, Sivagangai District.

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K.KUMARESH BABU ,J.

gbg Order made in Dated:

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