Madras High CourtWP(MD)/5893/2024allowed

Vajreshwari v. The Revenue Divisional Officer

2024-07-24Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.07.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)Nos.5548 to 4450 of 2024 Vajreshwari ... Petitioner Vs.

1.The Revenue Divisional Officer, Illupur, Pudukkottai District.

2.The Tahsildar, Viralimalai Taluk, Pudukkottai District.

3.Saravanan 4.R.Logaiah ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned proceedings issued by the first respondent in Na.Ka./A3/3191/2023 dated 06.11.2023 and quash the same on the ground that the same is arbitrary, illegal and without any legal basis, as null and void and consequently directing the respondents 1 and 2 to restore the patta infavour of the petitioner in connection with property 1/4

comprised in Survey No. 139/2A to an extent of 0.40.50 Ares situated at Vadukapatti Village, Viralimalai, Illupur Taluk, Pudukkottai District. For Petitioner : Mr.G.Mathavan For Respondents : Mr.K.Balasubramani Special Government Pleader for R.1 & R.2 Mr.R.Paranjothi for M/s.KBS Law Office for R.3 Mr.S.T.Sasidharan Tamilkani for R.4

ORDER

Heard both sides.

2.The impugned order is set aside one on the sole ground of violation of principles of natural justice. Patta stood in the name of the petitioner herein, namely, Vajreshwari. By the impugned order, the extend of the petitioner's land has been reduced from 0.40.5 HAC to 0.29.5 HAC. Such a reduction could not have been made without putting the petitioner on notice.

3.Therefore, the matter is remitted to the file of the first respondent. The first respondent will issue fresh notice to the petitioner 2/4

as well as the private respondents and other stakeholders if any and pass an order afresh on merits and in accordance with law. This exercise shall be completed by the first respondent within a period of three months from the date of receipt of a copy of this order. 4.This writ petition is allowed accordingly. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. 24.07.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No MGA To 1.The Revenue Divisional Officer, Illupur, Pudukkottai District.

2.The Tahsildar, Viralimalai Taluk, Pudukkottai District.

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G.R.SWAMINATHAN,J.

MGA 24.07.2024 4/4