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Madras High CourtWP(MD)/8594/2025allowed

Murugesan v. The District Collector

2025-03-28Honourable Mr Justice P.B. Balaji5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.03.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI and W.M.P(MD)Nos.6549 & 6550 of 2025 Murugesan .... Petitioner /Vs/

1. The District Collector Madurai District - 625020.

2. The Tahsildar Madurai East Taluk, Madurai - 625107.

3. The Head Quarters Deputy Tahsildar Madurai East Taluk, Madurai - 625107.

4. S.S. Rajan .... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari to call for the records of the impugned order passed by the 3rd Respondent vide proceedings in T.R. 2024/0103/24/362079TR dated 20.12.2024 and quash the same as illegal. 1/5

For Petitioner : Mr.R.Karunanidhi For R1 to R3 : Mr.M.Lingadurai Special Government Pleader

ORDER

The petitioner challenges the order of the third respondent dated 20.12.2024.

2. The main ground on which the impugned order is challenged is that the name of the fourth respondent was included in the joint patta by way of non-speaking order, without hearing the petitioner and without any prior notice.

3. I have heard Mr.R.Karunanidhi, learned counsel appearing for the petitioner and Mr.M.Lingadurai, learned Special Government Pleader appearing for the respondents 1 to 3.

4. I have also gone through the order impugned in the writ petition and as rightly contended by the learned counsel for the petitioner, I do not find that the petitioner was put on notice or any enquiry was conducted prior to passing of the impugned order. For this limited reason, I am inclined to set aside the order impugned in this writ petition. 2/5

5. In view of the above, the writ petition is allowed and the impugned order is set aside and the matter is remitted to the third respondent for fresh consideration of the application of the fourth respondent, after hearing the petitioner as well as the fourth respondent. The third respondent shall pass 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. No costs. Consequently, connected miscellaneous petitions are closed.

Index : Yes / No NCC : Yes / No 28.03.2025 am 3/5

To

1. The District Collector Madurai District - 625020.

2. The Tahsildar Madurai East Taluk, Madurai - 625107.

3. The Head Quarters Deputy Tahsildar Madurai East Taluk, Madurai - 625107.

4/5

P.B. BALAJI , J.

am Order made in Dated:

28.03.2025 5/5