Balasubramanian v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.04.2025

CORAM

THE HONOURABLE MR.JUSTICE P.B.BALAJI and W.M.P(MD)No.7101 of 2025 1.Balasubramanian 2.Arumugam ... Petitioners Vs.

1.The District Collector, Virudhunagar District, Virudhunagar.

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

3.The Revenue Divisional Officer, O/o the Revenue Divisional Officer, Sattur Division, Virudhunagar District.

4.The Tahsildar, Virudhunagar Taluk, Virudhunagar District.

... 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 pertaining to the impugned orders passed by the 4th respondent in File No 1/4

2025/0105/26/430009 and 2025/0105/26/430011, dated 12.02.2025 and quash the same and consequently direct the respondents to issue Patta in the name of the Petitioners in respect of the land in Survey No.234A/27 and 234A/28 at Amathur Village, Virudhunagar Taluk and District. For Petitioners : Mr.K.Navaneetharaja For Respondents : Mrs.K.Malathi Additional Government Pleader

O R D E R

The petitioner aggrieved by the one line rejection order passed by the 4th respondent on 12.02.2025, has preferred the present writ petition.

2. Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the respondents and I have gone through the records, including the order which is challenged in the present writ petition.

3. It is apparent from the reading of the impugned order that it is not only a non speaking order, but also passed without giving any fair opportunity to the writ petitioner to putforth his claims. Therefore, the impugned order is liable to be set aside.

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4. In view of the above, the impugned order, dated 12.02.2025 is set aside and the matter is remitted to the 4th respondent for fresh consideration of the petitioners' application, on merits and after affording an opportunity by way of personal hearing to the writ petitioner. The order shall be passed within a period of twelve (12) weeks from the date of receipt of copy of this order, in line with the prevailing rules.

5. with the above direction, this Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. 04.04.2025 NCC:yes/no Index:yes/no Internet:yes/no gbg To:

1.The District Collector, Virudhunagar District, Virudhunagar.

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

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P.B.BALAJI , J.

gbg 3.The Revenue Divisional Officer, O/o the Revenue Divisional Officer, Sattur Division, Virudhunagar District.

4.The Tahsildar, Virudhunagar Taluk, Virudhunagar District.

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