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Madras High CourtWP(MD)/3714/2015allowed

A.L. Ahamed Kani v. The Land Commissioner

2015-03-26Honourable Mr Justice B. Rajendran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.03.2015 C O R A M THE HONOURABLE Mr.JUSTICE B.RAJENDRAN Writ Petition (MD)No.3714 of 2015 and M.P.(MD)Nos.1 and 2 of 2015 A.L. AHAMED KANI .. Petitioner Vs.

1. THE LAND COMMISSIONER, CHEPAUK, CHENNAI-5.

2. THE DISTRICT COLLECTOR, TIRUNELVELI DISTRICT, TIRUNELVELI.

3. THE REVENUE DIVISIONAL OFFICER, OFFICE OF REVENUE DIVISIONAL OFFICE, TIRUNELVELI, TIRUNELVELI DISTRICT

4. THE TAHSILDAR, TALUK OFFICE, TIRUNELVELI, TIRUNELVELI DISTRICT.

.. Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Certiorari calling for the records pertaining to the impunged order passed by the 3rd respondent in Na.Ka.A3/2474/2013 dated 05.08.2014 and quash the same. For petitioner ...

Mr.R.J.Karthick For Respondents ...

Mr.S.Chandrasekar Government Advocate

O R D E R

The impugned order is challenged only on the ground that no notice has been given before passing the impugned order.

2. On verification, the learned Government Advocate would submit that notice in proper form has not been correctly served.

3. Taking into consideration of the fact that notice has not been properly served, the writ petition is allowed and the impugned order is set aside and the matter is remitted back to the authority concerned and the authority concerned shall give fresh notice and opportunity of personal hearing to the petitioner and thereafter shall pass appropriate orders in accordance with law.

4. The writ petition is disposed of accordingly. No costs. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar (T&P) /True Copy/ https://hcservices.ecourts.gov.in/hcservices/ Sub- Assistant Registrar

To

1. THE LAND COMMISSIONER, CHEPAUK, CHENNAI-5.

2. THE DISTRICT COLLECTOR, TIRUNELVELI DISTRICT, TIRUNELVELI.

3. THE REVENUE DIVISIONAL OFFICER, OFFICE OF REVENUE DIVISIONAL OFFICE, TIRUNELVELI, TIRUNELVELI DISTRICT

4. THE TAHSILDAR, TALUK OFFICE, TIRUNELVELI, TIRUNELVELI DISTRICT.

+1cc to M/s.M.Saravanan, Advocate in SR.No.15064/15 +1cc to Special Government Pleader SR.No.15444/15 sm:15.04.2015:2P/7C W.P.(MD)No.3714 of 2015 and M.P.(MD)Nos.1 and 2 of 2015 26.03.2015 https://hcservices.ecourts.gov.in/hcservices/