B.Ramachandran v. The Revenue Divisional Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.02.2025
CORAM:
THE HONOURABLE MR JUSTICE P.B. BALAJI and W.M.P(MD)No.2068 of 2025 B.Ramachandran ... Petitioner /Vs./ 1.The Revenue Divisional Officer, Devakottai, Sivagangai District.
2.The Special District Revenue Officer, (Land Acquisition), National Highway Authority of India, Pudukottai.
3.The Tahsildar, (Land Acquisition), National Highway Authority, Sivagangai.
4.The Project Director, National Highway Authority of India, Karaikudi.
5.The Assistant Collector, Collector Office, Sivagnagai District.
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6.The Sub-Registrar Joint II, Karaikudi, Sivagangai District.
7.Mariyam Sengol ... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to quash the impugned order passed by the Sub-Collector, Devakottai dated 18.12.2024 in Pa.Mu.Aa1/447/2024 as being arbitrary, procedurally flawed and violative of natural justice. For Petitioner : Mr.S.Bageerathan For R1 to R6 : Mr.B.Saravanan Additional Government Pleader
ORDER
This writ petition has been filed seeing issuance of writ of Certiorari to quash the impugned order of the Sub-Collector, Devakottai dated 18.12.2024.
2. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself. 2/6
3. I have heard the learned counsel appearing on either side and perused the materials placed before this Court.
4. The grievance of the writ petitioner is that despite the order dated 25.11.2024 in W.P(MD)No.25110 of 2024 wherein this Court issued the specific direction to the Sub-Collector, Devakottai to conduct an enquiry and take a decision on merits, within a period of four weeks from the date of receipt of a copy of the order, the petitioner is not even heard and impugned order came to be passed behind his back.
5. On perusal of the impugned order it appears that not even the reference to the order of this Court leave alone the petitioner herein being heard before the impugned order came to be passed.
6. The learned Additional Government Pleader appearing for the respondents 1 to 6 would submit that the impugned order may be set aside and the matter may be remitted back to the first respondent for fresh consideration after hearing the parties including the petitioner. 3/6
7. In view of the above, the impugned order passed by the Sub-Collector, Devakottai, dated 18.12.2024 is set aside and the matter is remitted back to the first respondent for deciding the matter afresh after affording an opportunity of hearing to the petitioner as well as the seventh respondent. The said exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order.
8. The writ petition is disposed of with the above direction. No costs. Consequently, connected miscellaneous petition is closed. Index : Yes / No NCC : Yes / No 03.02.2025 am 4/6
TO:- 1.The Revenue Divisional Officer, Devakottai, Sivagangai District.
2.The Special District Revenue Officer, (Land Acquisition), National Highway Authority of India, Pudukottai.
3.The Tahsildar, (Land Acquisition), National Highway Authority, Sivagangai.
4.The Project Director, National Highway Authority of India, Karaikudi.
5.The Assistant Collector, Collector Office, Sivagnagai District.
6.The Sub-Registrar Joint II, Karaikudi, Sivagangai District.
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P.B. BALAJI , J.
am Order made in Dated:
03.02.2025 6/6