Nagammal.C v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.05.2025

CORAM

THE HONOURABLE MR.JUSTICE P.B.BALAJI and W.M.P.(MD)Nos.10086, 10087 and 10088 of 2025 1.C.Nagammal 2.P.Valarmathi 3.R.Murugeswari 4.R.Murugeswari 5.M.Lakshmi 6.M.Alagammal ... Petitioners Vs.

1.The District Collector, Ramanathapuram District, Ramanathapuram.

2.The District Adi-Dravidar and Tribal Welfare Officer, O/o. the District Adi-Dravidar and Tribal Welfare Officer, Ramanathapuram District, Ramanathapuram.

3.The Revenue Divisional Officer, O/o. the Revenue Divisional Officer, Ramanathapuram, 1/5

4.The Special Tahsildar, Adi-Dravidar Welfare Department, ... 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 Order passed by the second respondent in Na.Ka.No. 2/37594/2022 dated 16.01.2023 and quash the same as illegal and consequently restrain the Respondents from providing E-Patta to any other persons other than Petitioners in Survey No. 115/1B2 at Palangulam Village, Ramanathapuram District without following any due process of law. For Petitioners :

Mr.T.Thirumurugan For Respondents :

Mrs.P.B.Ahamed Yasmin Parveen Government Advocate

O R D E R

Heard Mr.T.Thirumurugan, learned counsel for the petitioners and Mrs.P.B.Ahamed Yasmin Parveen, learned Government Advocate for the respondents.

2. The petitioners seek issuance of writ of certiorarified mandamus, challenging the Impugned Order passed by the second respondent in Na.Ka.No. 2/5

2/37594/2022 dated 16.01.2023 and consequently restrain the Respondents from providing E-Patta to any other persons other than Petitioners in Survey No. 115/1B2 at Palangulam Village, Ramanathapuram District without following any due process of law.

3. I have gone through the impugned order and I find that no notices were issued to the writ petitioners before the order was passed; there is also no reference to any objections or claims that had been made by the writ petitioners.

4. In light of the above, I find that the petitioners have been deprived of a fair opportunity to put forth their objections and claim continuity of a free house site in their favour.

5. In the light of the above, the impugned order dated 16.01.2023 is set aside and the matter is remitted back to the 2nd respondent. The 2nd respondent shall issue notice to the petitioners after hearing their claims/objections, and pass orders on merits in accordance with law, within a period of 12 weeks from the date of receipt of a copy of this order.

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6. Accordingly, this Writ Petition is allowed. No costs. Consequently, connected miscellaneous petitions are closed. 08.05.2025 NCC:yes/no Index:yes/no Internet:yes/no Nsr To:

1.The District Collector, Ramanathapuram District, Ramanathapuram.

2.The District Adi-Dravidar and Tribal Welfare Officer, O/o. the District Adi-Dravidar and Tribal Welfare Officer, Ramanathapuram District, Ramanathapuram.

3.The Revenue Divisional Officer, O/o. the Revenue Divisional Officer, Ramanathapuram, 4.The Special Tahsildar, Adi-Dravidar Welfare Department, 4/5

P.B.BALAJI , J.

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