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Madras High CourtWP(MD)/4267/2019allowed

S.Muthuraman, S/O.Sundarajan, v. The District Collector

2019-04-15Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)Nos.4267 & 4757 of 2019 and W.M.P.(MD)Nos.3800 & 3382 of 2019 W.P.(MD)No.4267 of 2019 S.Muthuraman ... Petitioner Vs.

1. The District Collector, Collectorate Campus, Sivagangai, Majith Road, Sivagangai,

4. The Tahsildar, O/o. The Tahsildar Office, Weekly Market Road, Sivagangai, ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records relating to the impugned order issued by the second respondent in his proceedings in Na.Ka.No.gp.2/5673/2015 dated 15.02.2019 and quash the same as illegal.

W.P.(MD)No.4757 of 2019 D.Muthuvijayan ... Petitioner Vs.

1. The District Collector, Collectorate Campus, Sivagangai,

Majith Road, Sivagangai,

4. The Revenue Tahsildar, O/o. The Tahsildar Office, Weekly Market Road, Sivagangai, ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records relating to the impugned order issued by the second respondent in his proceedings in Na.Ka.No.gp.2/5675/2015 dated 15.02.2019 and quash the same as illegal.

(in both W.Ps.) For Petitioner : Mr.Ajmal Khan, Senior Counsel, for M/s.Ajmal Associaties For Respondents : Mr.M.Karuppasamy, Government Advocate.

C O M M O N O R D E R The Writ petitioners herein took part in the public auction held on 29.11.2016 conducted by the fourth respondent for granting license to remove "Veli Karuvela" trees in the petition mentioned tanks. They were notified as the highest bidders. Subsequently, the third respondent issued confirmation proceedings in favour of the Writ petitioners. By the orders impugned in these Writ petitions, the confirmation orders issued in favour of the Writ petitioners were cancelled. It is seen that the petitioners were not put on notice before passing such orders. Therefore, on the ground of violation of the principles of natural justice, the orders impugned in these Writ petitions stand quashed.

2. The Writ petitions stand allowed, accordingly. No costs. Consequently, connected Miscellaneous petitions are closed. Sd/- Assistant Registrar (P&A) // True Copy // Sub Assistant Registrar(CS-I)

To

1. The District Collector, Collectorate Campus, Sivagangai, Sivagangai District.

Majith Road, Sivagangai District.

4. The Revenue Tahsildar, O/o. The Tahsildar Office, Weekly Market Road, Sivagangai, +2cc to M/s.Ajmal Associates,Advocate, SR.No.61203,61205 +1cc to Special Government Pleader, SR.No.61235,61236 W.P.(MD)Nos.4267 & 4757 of 2019 and W.M.P.(MD)Nos.3800 & 3382 of 2019 15.04.2019 SP/24.04.2019/3P/8C