K.Ramalakshmi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.03.2025

CORAM

THE HONOURABLE MR.JUSTICE P.B.BALAJI and W.M.P.(MD)Nos.4767 and 4768 of 2025 K.Ramalakshmi ... Petitioner vs.

1.The District Collector, Collectorate Complex, Virudhunagar District.

2.The Revenue Divisional Officer, Sattur, Virudhunagar District.

3.The Zonal Tahsildar, Sattur, Virudhunagar District.

4.Sellakani 5.M.Natesan ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the second respondent in Moo.Mu.A3/2405/2022, dated 04.01.2024 with regards to S.Nos.433/4 and 435 situate at Sindhapalli Village, Sattur Taluk, Virudhunagar District and to quash the same as illegal and consequently, to direct the 1/5

second respondent to conduct a fresh enquiry after issuing notice to the petitioner and all other necessary parties.

For Petitioner :Mr.S.Arivalan for Ms.K.Asha For R1 to R3 :Mr.M.Lingadurai Special Government Pleader *****

O R D E R

Today, the Writ Petition is listed for the learned Special Government Pleader to produce any evidence to show that any notice was issued and served on the Writ Petitioner prior to the impugned order being passed.

2.Today, the learned Special Government Pleader fairly submits that from the records, there is no proof of any notice having been issued to the Writ Petitioner before the impugned order came to be passed. 3.Therefore, on this limited ground, accepting the averments made in the affidavit filed in support of this Writ Petition that the impugned order was passed without any notice to the petitioner, the impugned order 2/5

passed by the second respondent, dated 04.01.2024, is set aside and the matter is remanded to the second respondent for considering the application for cancellation of patta afresh after hearing the applicant Sellakani as well as the Writ Petitioner herein and also affording a fair and reasonable opportunity to both the parties to provide relevant documentary evidence in support of their respective contentions. On conducting such enquiry, the second respondent shall pass a considered 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. 4.In the result, the Writ Petition is allowed. No costs. Consequently, connected miscellaneous petitions are closed. Index :Yes / No 14.03.2025 Internet :Yes / No NCC :Yes / No cmr 3/5

To 1.The District Collector, Collectorate Complex, Virudhunagar District.

2.The Revenue Divisional Officer, Sattur, Virudhunagar District.

3.The Zonal Tahsildar, Sattur, Virudhunagar District.

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P.B.BALAJI, J.

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