Mr.Muthuvel, S/O. Karuppan, v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.5631 of 2017 and W.M.P.(MD)No.4512 of 2017 Muthuvel .. Petitioner Vs.

1.The District Collector, Thanjavur District, Thanjavur.

2.The Revenue Divisional Officer, Pattukottai, Thanjavur District.

3.The Tahsildar, Peravurani Taluk, Thanjavur District.

4.The Revenue Inspector, Peravurani Taluk, Thanjavur District.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari to call for the records pertaining to the impugned order dated 17.02.2017 in Na.Ka.1056/2016/A6 on the file of the respondent No.2 herein and quash the same as illegal, since the respondent No.2 herein had not adhered to settled principles of natural justice and passed the impugned order without jurisdiction.

For petitioner : Mr.S.Rajasekar For respondents :Mr.M.Govindan Special Government Pleader

O R D E R

*********** [Order of the Court was made by G.R.SWAMINATHAN, J.] Aggrieved by the order passed by the Tahsildar, in the first instance, a statutory appeal was preferred by the Writ Petitioner. The statutory appeal, in the normal course of events, should have been disposed of by the District Collector, who is the competent Authority.

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2. However, in the instant case, the Revenue Divisional Officer, Pudukottai disposed of the appeal, which is patently without jurisdiction. On this ground, we quash the impugned order dated 17.02.2017, passed by the second respondent and remit the matter to the file of the first respondent. The first respondent shall hear the Writ Petitioner and pass appropriate orders in accordance with law.

3. The Writ Petition is allowed with the above direction. No costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/- ASSISTANT REGISTRAR(CS-III) /TRUE COPY/ SUB ASSISTANT REGISTRAR To 1.The District Collector, Thanjavur District,Thanjavur.

2.The Revenue Divisional Officer, Pattukottai,Thanjavur District.

3.The Tahsildar, Peravurani Taluk,Thanjavur District.

4.The Revenue Inspector, Peravurani Taluk,Thanjavur District.

+1 CC TO MR.T.LAJAPATHI ROY, ADVOCATE, SR NO.66504 +1 CC TO THE SPECIAL GOVERNMENT PLEADER SR NO.66953 ssl/sm MAS/KP/SAR2:27.07.2017:2P-7C W.P.(MD)No.5631 of 2017 19.07.2017 https://hcservices.ecourts.gov.in/hcservices/