Kulandaivel P v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.09.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI WP(MD)No.2669 of 2023 and WMP(MD) Nos.2436, 2437 & 14202 of 2023 P.Kulandaivel ... Petitioner Vs 1.The District Collector, 2.The Revenue Divisional Officer, Sankarankovil Division, 3.The Tahsildar, Sivagiri Taluk, 4.The Inspector of Police (Anti Land Grab Cell), Tenkasi, 1/6

5.The Village Administrative Officer, Nelkattumseval, 6.The District Registrar (Document Registration), 7.Gomathiammal ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records in pursuant to the impugned order passed by the second respondent in RDOSKL/1400/2022-A1, dated 10.01.2023 and quash the same and direct the respondents 2 to 5 to conduct fresh enquiry after issue notice to the petitioner and other interested parties. For petitioner :Mr.M.Karthikeyan Venkitachalapathy For R1 to R3,R5,R6:Mr.G.V.Vairam Santhosh Additional Government Pleader For R4 :Mr.Kottaichamy Government Advocate For R7 :Mr.Muthumalairaja

O R D E R

This writ petition is filed as against the order passed by the Revenue Divisional Officer, Sankarankovil Division, Tenkasi District/the second respondent herein dated 10.01.2023. 2/6

2.The petitioner has purchased a land in S.No.322/6 to an extent of 35 cents vide Document No.211/2011, dated 07.02.2011 from one Krishnasamy and he is possession of the property. While this being so, the Revenue Divisional Officer, Tenkasi has passed an order in his proceedings in RDOSKL/1400/2022-A1, dated 10.01.2023, in and by which, a direction was issued to cancel the sale deed in favour of the petitioner. According to the petitioner, at the instigation of one Gomathiammal/the seventh respondent herein, the impugned order came to be passed. The grievance of the petitioner is that no opportunity was provided to him before passing the impugned order. 3.The learned Additional Government Pleader appearing for the respondents 1 to 3, 5 & 6 submits that notice was issued to the petitioner for an enquiry, However, this petitioner has deliberately evaded to receive the notice.

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4.Considering the rival submissions made and in order to provide an opportunity to the petitioner, the impugned order is set aside and the matter is remanded back to the second respondent for fresh consideration on merits after providing an opportunity of hearing to this petitioner. The petitioner is at liberty to offer his explanation in the enquiry. After hearing the petitioner, the respondent shall take a decision on the application of the seventh respondent within a period of twelve weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed anything on the merits of the case.

5.Accordingly, this writ petition is disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed. 19.09.2023 NCC :Yes/No Index :Yes/No vrn 4/6

To 1.The District Collector, 2.The Revenue Divisional Officer, Sankarankovil Division, 3.The Tahsildar, Sivagiri Taluk, 4.The Inspector of Police (Anti Land Grab Cell), Tenkasi, 5.The Village Administrative Officer, Nelkattumseval, 6.The District Registrar (Document Registration), 5/6

B.PUGALENDHI, J.

vrn Order made in WP(MD)No.2669 of 2023 and WMP(MD) Nos.2436 & 2437 of 2023 19.09.2023 6/6