Muthuramalingam @ Muthurman M v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:06.04.2023

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P(MD).No.7666 of 2023 and WMP(MD)No.7122 of 2023 M.Muthuramalingam @ Muthurman ... Petitioner Vs

1. The District Collector, Office of the District Collector, Thoothukudi District.

2. The Revenue Divisional Officer, Office of the Revenue Divisional Office, Thoothukudi District.

3. The Tahsildar, Villathikulam Taluk Office, Thoothukudi District.

... Respondents Prayer:Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records pertaining to the impugned notice issued by the Tahsildar in Na.Ka. No. A6/1092/2023, dated 20.03.2023 and quash the same as illegal. 1/5

For Petitioner :Mr.R.Ganesan For R1 to R3 :Mr.N.Muthu Vijayan Special Government Pleader

ORDER

The writ petition has been filed questioning the issuance of notice by the Tahsildar, Villathikulam Taluk Office, Thoothukudi District. 2.The third respondent herein by the notice dated 20.03.2023, in Na.Ka. No. A6/1092/2023 had called upon the petitioner to come over for enquiry, which was scheduled on 28.03.2023.

3.The learned Special Government Pleader, who had taken notice on behalf of respondents 1 to 3 had stated that originally the patta stood in the name of petitioner's father, so far as the properties are concerned. Thereafter, the patta was changed to the name of the petitioner, who had gifted the properties to his wife. Therefore, the other legal heirs namely, his brothers and sisters questioning the same and had given a representation to the Tahsildar. To enquire the same, the third respondent had issued the said notice.

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4.It is only an enquiry notice and it is the obligation that the petitioner shall attend the hearing along with the relevant documents. At this stage, seeking interference is inappropriate. It is seen from the notice that it was mentioned as final enquiry notice. Therefore, the petitioner had also been served with notice on earlier occasions. It is only for the benefit of the petitioner to attend the hearing.

5.Let the third respondent proceed further, in the manner known to law.

6.This Writ Petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.

06.04.2023 NCS :Yes/No Index :Yes/No Internet:Yes/No PNM 3/5

To

1. The District Collector, Office of the District Collector, Thoothukudi District.

2. The Revenue Divisional Officer, Office of the Revenue Divisional Office, Thoothukudi District.

3. The Tahsildar, Villathikulam Taluk Office, Thoothukudi District.

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C.V.KARTHIKEYAN,J.

PNM ORDER IN W.P(MD).No.7666 of 2023 and WMP(MD)No.7122 of 2023 06.04.2023 5/5