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Madras High CourtWP(MD)/16241/2015allowed

A.Sivasubramanian v. The Commissiioner,

2017-08-24Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 24.08.2017 CORAM :

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.16241 of 2015 and M.P(MD)Nos.1 & 2 of 2015 A.Sivasubramanian ... Petitioner Vs.

1.The Commissioner, Revenue Administration, Chepauk, Chennai.

2.The District Collector, Madurai District, Madurai.

3.The Tahsildar, Madurai East Taluk Office, Othakadai, Madurai District.

... Respondents Prayer : Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order of the third respondent herein by his proceedings No.Nil, dated 03.09.2015 and quash the same as illegal and arbitrary and consequently directing the respondents herein to issue patta to the petitioner for the property comprised in S.Nos.84/10 & 84/11 in Kuruthoor Village of Madurai East Taluk, Madurai District within the time stipulated by this Court.

For Petitioner : Mr.M.Thirunavukkarasu For Respondents : Mr.M.Govindan, Spl.Govt.Pleader

O R D E R

(Order of the Court was made by G.R.SWAMINATHAN, J.) The writ petitioner challenges the order dated 03.09.2015 issued by the third respondent herein.

2.There is nothing on record to show that the impugned order was preceded by a prior show cause notice. On this ground, the impugned order is set aside. This matter is remitted to the file https://hcservices.ecourts.gov.in/hcservices/

of the third respondent for passing orders afresh in accordance with law.

3.This writ petition is allowed as indicated above. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(AD-II ) /True Copy/ Sub Assistant Registrar To 1.The Commissioner, Revenue Administration, Chepauk, Chennai. 2.The District Collector, Madurai District, Madurai. 3.The Tahsildar, Madurai East Taluk Office, Othakadai, Madurai District.

+2cc to Mr.M.THIRUNAVUKKARASU Advocate in SR. No. 74537,74388 +1cc to THE SPECIAL GOVERNMENT PLEADER in SR. No. 75089 SKM/ARUL JS/MR.KKR/SAR.1/20.09.2017/2P-7C W.P(MD)No.16241 of 2015 and M.P(MD)Nos.1 & 2 of 2015 24.08.2017 https://hcservices.ecourts.gov.in/hcservices/