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Madras High CourtWA(MD)/1963/2025allowed

The District Collector v. S.Ramasamy

2025-07-21Honourable Mr Justice G.R.Swaminathan,Honourable Mr.Justice K.Rajasekar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.07.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE K.RAJASEKAR and C.M.P.(MD)No.11242 of 2025 1.The District Collector, District Collector Office, 2.The District Revenue Officer, District Revenue Office, 3.The Revenue Divisional Officer, Revenue Divisional Office, 4.The Tahsildar, Tahsildar Office, ... Appellants Vs.

1.S.Ramasamy 2.K.Muthukrishnan 1/6

3.The Block Development Officer, Block Development Office, 4.Ayan Karisankulam Panchayat, Rep. by its President, ... Respondents Prayer : Writ Appeal filed under Clause XV of Letters Patent, to allow the writ appeal by setting aside the order passed in W.P.(MD)No.22335 of 2023 dated 28.10.2024 on the file of this Court. For Appellants : Mr.N.Ramesh Arumugam, Government Advocate.

For Respondents : Mr.B.Sethu Baskaran for R1 & R2 Mr.A.Kannan, Addl. Government Pleader R3.

JUDGMENT

(By G.R.SWAMINATHAN, J.) Heard both sides.

2.The petition mentioned land comprised in S.No.1177/4 measuring 7.26 cents in Ayan Karisalkulam Village, Watrap Taluk is the 2/6

subject matter of dispute. In the adangal column, the names of the writ petitioner and his siblings were mentioned. The jurisdictional Tashildar issued what is known as A1 notice and got the names deleted. The authority proceeded on the premise that the writ petitioner as well as his brother / Muthukrishnan whose names are found in the adangal are no more. Actually, they are very much alive. On this sole ground, the proceedings of the appellant ought to have been nullified. The learned Single Judge vide order dated 28.10.2024 went into the merits of the matter and allowed the writ petition.

3.We are of the view that such an exercise was not warranted at this stage. In interest of justice, we set aside the order of the learned Single Judge as well as the actions impugned in the writ petition. The matter is remitted to the file of the District Revenue Officer, Virudhunagar District. The District Revenue Officer, Virudhunagar District will issue notice to all the interested person including the writ petitioner and take a call in the matter thereafter. The contentions of both parties are left open 3/6

4.This writ appeal is allowed accordingly. No costs. Consequently, connected miscellaneous petition is closed. (G.R.S. J.,) & (K.R.S. J.,) 21.07.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:

1.The District Collector, District Collector Office, 2.The District Revenue Officer, District Revenue Office, 3.The Revenue Divisional Officer, Revenue Divisional Office, 4.The Tahsildar, Tahsildar Office, 5.The Block Development Officer, Block Development Office, 4/6

5/6

G.R.SWAMINATHAN, J.

and K.RAJASEKAR, J.

ias 21.07.2025 6/6