D.Jayamala v. The Zonal Deputy Thasildhar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.02.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI D.Jayamala ... Petitioner /Vs./

1. The Zonal Deputy Thasildar, Usilampatti Taluk, Madurai District-625 532.

2. The Village Administrative Officer, Kalluthur Village, Usilampatti Taluk, Madurai District.

3. P.Prema ... Respondents P RAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the first respondent vide his proceedings 2025/0103/24/370078TR dated 27.01.2025 and quash the same and directing the first respondent to issue patta in favour of the petitioner to the property situated at S.No.112/1B in Kalluthu Village, Usilampatti Taluk, Madurai District.

For Petitioner : Mr.G.Dharmaraj For Respondent Nos.1 & 2 : Mr.M.Lingadurai Special Government Pleader 1/4

ORDER

The petitioner challenges the impugned order of the first respondent dated 27.01.2025, and consequently issue patta in the name of the petitioner in respect of S.No.112/1B situated at Kalluthu Village, Usilampatti Taluk, Madurai District.

2. Though several grounds have been raised by the writ petitioner, challenging the order of the impugned order of the first respondent, I find that the petitioner is entitled for relief on the limited score that the petitioner has been deprived of opportunity before the impugned order came to be passed.

3. On going through the impugned order, it is seen that the petitioner was not given an opportunity to submit her objections. The first respondent has proceeded to cancel the patta standing in the name of the petitioner, without issuing notice to the petitioner. Therefore, there has been clear violation of principles of natural justice. 2/4

4. In view of the above, the order impugned in this writ petition is set aside and the matter is remitted to the first respondent, to reconsider the application of Respondent No.3, after hearing the petitioner and the third respondent and pass orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

5. With the above said observations, this writ petition is allowed. No costs.

Index : Yes / No 24.02.2025 NCC : Yes / No gvn 3/4

P.B. BALAJI , J.

gvn TO:-

1. The Zonal Deputy Thasildar, Usilampatti Taluk, Madurai District-625 532.

2. The Village Administrative Officer, Kalluthur Village, Usilampatti Taluk, Madurai District.

Order made in Dated:

24.02.2025 4/4