T.Suresh Kumar v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.02.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI and W.M.P.(MD)No.2395 of 2025 T.Suresh Kumar ... Petitioner /Vs./

1. The District Collector Sivagangai District.

2. The Tahsildhar Thirupuvanam Taluk, Sivagangai District.

3. The Village Administrative Officer, Ladanenthal Group, Thirupuvanam Taluk, Sivagangai District.

4. I. Soorammal, ... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned joint patta issued by the second respondent vide T.R. 2024/0103/23/227079TR dated 04.10.2024 and quash the same as illegal and consequently direct the second respondent to restore the patta in the 1/4

petitioners name in Survey No. 279/2 situated in Ladanenthal Village , Thirupuvanam Taluk, Sivagangai District.

For Petitioner : Mr.S.Arivalagan For Respondents : Mr.S.Kameswaran Government Advocate for R1-3 : No appearance for R4

ORDER

The petitioner challenges the impugned order dated 04.10.2024 passed by the second respondent and consequently to restore the patta in the petitioner's name.

2. The petitioner's grievance is that the patta was mutated in his name alone in patta No.2294. However, in and by the impugned order without notice to the petitioner, the name of the fourth respondent has been included. Therefore, the petitioner made an application to the second respondent for removing the name of the fourth respondent and to restore the patta in the petitioner's name.

3. I am going through the impugned order. I find that the second respondent has not assigned even a single reason for including the name 2/4

of the fourth respondent, despite acknowledging the fact that the patta No. 2294 stood only in the name of the petitioner. It is also seen that there is no notice issued prior to the said impugned order passed by the second respondent.

4. In view of the above, the impugned order dated 04.10.2024 is set aside and the matter is remitted to the second respondent for fresh consideration of the fourth respondent's application, dated 11.09.2024, after giving an opportunity of personal hearing to the writ petitioner as well as the fourth respondent and pass an order on merits and in accordance with law, within a period of eight (8) weeks from the date of receipt of copy of this order.

5. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.

Index : Yes / No 20.02.2025 NCC : Yes / No LS Note: Issue order copy on 24.02.2025 3/4

P.B. BALAJI , J.

LS TO:-

1. The District Collector Sivagangai District.

2. The Tahsildhar Thirupuvanam Taluk, Sivagangai District.

3. The Village Administrative Officer, Ladanenthal Group, Thirupuvanam Taluk, Sivagangai District.

Order made in Dated:

20.02.2025 4/4