Madras High CourtWP(MD)/5544/2019allowed

R.Dhayalan(Partner) v. The Additional Chief

2019-03-12Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.03.2019

CORAM

THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD) No. 5544 of 2019 and WMP(MD).Nos.4387 and 4388 of 2019 R. Dhayalan : Petitioner Vs.

1.The Additional Chief Secretary, Commissioner of Land Administration, Chepauk, Ezhilagam, Chennai.

2.The District Collector, Theni District, Theni.

3.The Revenue Divisional Officer, Periyakulam, Theni District, Theni.

4.The Tahsildhar, Theni Taluk, Theni.

: Respondents Prayer: This Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorari calling for the records pertaining to the impugned order made in Na.Ka.No.47340/2004/Aa5, dated 24.07.2018 passed by the second respondent and quash the same.

For Petitioner : Mr.Palaramasamy For Respondent : Mr.M.Rajarajan Government Advocate

O R D E R

Heard the learned counsel on either side.

2. It is not in dispute that the order impugned in the Writ Petition was passed without proper notice to the Writ Petitioner. Therefore, on the sole ground of violation of principles of natural justice, the order impugned in the Writ Petition is quashed. The Writ Petition is allowed. https://hcservices.ecourts.gov.in/hcservices/

3. The learned counsel for the petitioner undertakes that the petitioner would appear in the office of the 4th respondent on 27.03.2019 at 4.00 p.m., proper notice will be served on the Writ Petitioner on the said date in person. If the petitioner fails to appear on the said date, the order passed in the Writ Petition will stand recalled automatically. No costs. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS) To 1.The Additional Chief Secretary, Commissioner of Land Administration, Chepauk, Ezhilagam, Chennai.

2.The District Collector, Theni District, Theni.

3.The Revenue Divisional Officer, Periyakulam, Theni District, Theni.

4.The Tahsildhar, Theni Taluk, Theni.

+1 CC to M/s.PALA.RAMASAMY, Advocate ( SR-53414[F] dated 12/03/2019 ) +1 CC to M/s.PALA.RAMASAMY, Advocate ( SR-53450[F] dated 12/03/2019 ) +1 CC to M/s.SPL GP ( SR-53600[F] dated 13/03/2019 ) TRP W.P.(MD) No. 5544 of 2019 and WMP(MD).Nos.4387 and 4388 of 2019 12.03.2019 KM/(21.03.2019) 2P 8C https://hcservices.ecourts.gov.in/hcservices/