Madras High CourtWP(MD)/9622/2017disposed of

S.Shanmugam v. The State Rep. By

2017-05-24Honourable Mr Justice M.V. Muralidaran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.05.2017

CORAM:

THE HONOURABLE Mr.JUSTICE M.V.MURALIDARAN W.P.(MD)No.9622 of 2017 and W.M.P.(MD)Nos.7348 & 7349 of 2017 S.Shanmugam ...

Petitioner Vs.

1.The State Rep by The Commissioner, O/o.Commissioner of Land Administration, Ezhiligam, Chennai - 600 005.

2.The District Revenue Officer, Tirunelveli District, Tirunelveli.

3.The Revenue Divisional Officer, Cheranmahadevi Sub Division, Cheranmahadevi, Tirunelveli District.

4.The Sub Registrar, Sub Registration Office, Kadayam, Tirunelveli District.

5.K.S.Karpaga Vinayagam Pillai ... Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Ceritiorari, calling for the records pertaining to the order passed by the 1st respondent in K4/6546/2017, dated 04.05.2017 and quash the same. For Petitioner : Mr.S.Chellapandian For Respondents 1 to 4 : Mrs.S.Bharathi Government Advocate

O R D E R

This petition has been filed, seeking to quash the impugned order dated 04.05.2017 passed by the 1st respondent in K4/6546/2017.

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2. Heard the learned counsel on either side.

3. Though several points have been urged by the petitioner in the affidavit filed in support of this petition to challenge the impugned order, the main ground canvassed by the petitioner is that the impugned order has been passed without giving an opportunity of hearing to the petitioner, thereby there is a violation of principles of natural justice and therefore, on that sole ground, the impugned order is liable to be set aside.

4. In view of the above and also finding force in the contention raised by the petitioner, this writ petition is allowed and the impugned order dated 04.05.2017 passed by the 1st respondent is set aside. The matter is remitted to the 1st respondent for fresh consideration, who in turn shall pass orders within a period of four weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner. No costs. Consequently, connected miscellaneous petitions are closed.

Sd /- ASSISTANT REGISTRAR(CS-II) /TRUE COPY/ SUB ASSISTANT REGISTRAR To 1.The Commissioner, O/o.Commissioner of Land Administration, Ezhiligam, Chennai - 600 005.

2.The District Revenue Officer, Tirunelveli District,Tirunelveli.

3.The Revenue Divisional Officer, Cheranmahadevi Sub Division, Cheranmahadevi, Tirunelveli District.

4.The Sub Registrar, Sub Registration Office, Kadayam, Tirunelveli District.

+1CC to M/S.S.Chellapandian, Advocate, SR.No.57231 +1CC to the Special Government Pleader SR.No. 57667 SRM/GNS/RMI MAS/KP/SAR1:12.06.2017:2P-7C W.P.(MD)No.9622 of 2017 and W.M.P.(MD)Nos.7348 & 7349 of 2017 24.05.2017 https://hcservices.ecourts.gov.in/hcservices/