Alagusundaram v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.04.2025
CORAM:
THE HONOURABLE MR JUSTICE P.B. BALAJI W.P.(MD) No.10534 of 2025 and W.M.P.(MD) No.7870 of 2025 Alagusundaram ... Petitioner /Vs./ 1.The District Collector, Madurai District, Madurai.
2.The District Revenue Officer, Madurai District, Madurai.
3.Revenue Divisional Officer, Melur, Madurai.
4.Thasildar, Madurai South Taluk, Madurai.
5.The Zonal Deputy Thasildar, Madurai South, Madurai.
... Respondents 1/5
P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the entire records relating to the impugned letter issued by the 4th respondent in his proceedings in file No.2022/0105/24/374268, dated.31.01.2023 and quash the same and consequently direct the 4th respondent to conduct enquiry in afresh and delete other individual name in the existing patta No.19644 and 19643 and issue separate patta in the name of the petitioner in respect of the property in survey No.620/1A, 1B and 1D situated at Avaniyapuram Village, Madurai.
For Petitioner : Mr.P.Venkatesan For Respondents : Mr.S.Kameswaran Government Advocate
ORDER
The petitioner challenges the order of the fourth respondent on the ground that the said order has been passed without any notice to the petitioner and also without conducting any enquiry. 2.I have heard Mr.P.Venkatesan, learned counsel for the petitioner and Mr.S.Kameswaran, learned Government Advocate for the respondents. I have gone through the order impugned in the present Writ Petition.
3.The summary rejection of the petitioner's application is for the 2/5
reason that link document is not submitted for the 3 survey numbers in respect of which patta has been sought for by the writ petitioner. 4.Admittedly, the said impugned proceedings have been passed without giving an opportunity to the writ petitioner. Therefore, on this limited ground of violation of principles of natural justice, I am inclined to interfere with the impugned order.
5.In fine, the Writ Petition is allowed. The impugned order passed by the fourth respondent in File No.2022/0105/24/374268, dated 31.01.2023 is set aside and the matter is remitted to the fourth respondent for considering the petitioner's application for patta afresh after affording a fair opportunity by way of personal hearing to the writ petitioner. The said exercise shall be carried out within a period of 12 weeks from the date of receipt of a copy of this order. No costs. Consequently, connected Miscellaneous Petition is closed.
Index : Yes / No 17.04.2025 NCC : Yes / No mm 3/5
TO:- 1.The District Collector, Madurai District, Madurai.
2.The District Revenue Officer, Madurai District, Madurai.
3.Revenue Divisional Officer, Melur, Madurai.
4.Thasildar, Madurai South Taluk, Madurai.
5.The Zonal Deputy Thasildar, Madurai South, Madurai.
4/5
P.B. BALAJI , J.
mm Order made in Dated:
17.04.2025 5/5