Chinnu. M v. The District Revenue Officer Cum Additional District Magistrate

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.02.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI and W.M.P.(MD)No.12432 of 2024 M.Chinnu ... Petitioner /Vs./ 1.The District Revenue Officer cum Additional District Magistrate, District Collectorate Office, Madurai.

2.The Tahsildhar, Usilampatti Taluk, Usilampatti, Madurai District.

3.P.Karuppayee ... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the first respondent in Ni.Mu.No.44029/2021/G5 dated 24.02.2023 as illegal and quash the same and consequently direct the respondents to restore the patta in the 1/4

name of petitioner pertains to property in S.No.275/1B which is situated at Pothampatti Village, Usilampatti Taluk, Madurai District. For Petitioner : Mr.J.Senthil Kumaraiah For Respondents : Mr.B.Saravanan Additional Government Pleader for R1&2 : Mr.K.K.Udayakumar for R3

ORDER

The petitioner has filed this instant writ petition challenging the order passed by the first respondent in Ni.Mu.No.44029/2021/G5 dated 24.02.2023 and to consequently direct the respondents to restore the patta in the name of petitioner, pertaining to property in S.No.275/1B which is situated at Pothampatti Village, Usilampatti Taluk, Madurai District.

2. When the matter was taken up for hearing earlier on 13.02.2025, this Court directed the official respondents to produce the file to show that notice has been issued prior to cancellation of patta and listed the matter on 20.02.2025.

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3. Pursuant to the order dated 13.02.2025, the learned Additional Government Pleader, Mr.B.Saravanan, has produced the original files and submitted that no notice was served on the petitioner before the impugned order came to be passed by the first respondent. Therefore, without going into the other contentions raised in the writ petition, on the limited ground of violation of principles of natural justice, the impugned order passed by the first respondent is set aside. The matter is remitted to the first respondent for fresh consideration. The first respondent shall afford an opportunity to the petitioner as well as the third respondent and pass order on merits, in accordance with law, within a period of twelve weeks from the date of receipt of copy of this order. 4.With the above direction, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.

Index : Yes / No 20.02.2025 NCC : Yes / No LS 3/4

P.B. BALAJI , J.

LS TO:- 1.The District Revenue Officer cum Additional District Magistrate, District Collectorate Office, Madurai.

2.The Tahsildhar, Usilampatti Taluk, Usilampatti, Madurai District.

Order made in Dated:

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