S.Narayanan Bramendran v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.06.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P(MD)No. 16366 of 2025 and W.M.P(MD)Nos.12451 & 12455 of 2025 S.Narayanan Bramendran V.P. Subramaniyan ... Petitioner Vs.

1. The District Collector, Karur District, Karur.

2. The Sub Collector, Kulithalai, Karur District.

...Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari by calling the records relating to the proceedings of the 2nd respondent made Na.Ka.No.A1/5310/2024 dated 16.04.2025 and quash the same as illegal.

For Petitioner : Mr.R.Murali For Respondents : Mr.M.Lingadurai Special Government Pleader 1/4

ORDER

The present Writ Petition has been filed for Writ of Certiorari to quash the impugned proceedings of the 2nd respondent made in Na.Ka.No.A1/5310/2024 dated 16.04.2025.

2.The petitioner contends that a larger extent of the property in Survey Nos. 368, 369, 370, and 371, originally belonged to the petitioner's forefathers. In the year 1959, a partition took place among the legal heirs. As a result, the petitioner was allotted 5.18 acres in the said lands, while the remaining land was allotted to another legal heir.

3. The respondents, after obtaining a report from the Tahsildar, conducted an enquiry. However, no notice was issued to the petitioner.

4. On perusal of the impugned order, it is seen that one Mr. Balu, S/o Chinnaiyan, had filed a petition dated 05.11.2024. Based on the said petition, an enquiry was initiated against the petitioner without issuing a show cause notice to the petitioner. Therefore, the proceedings are in violation of the principles of natural justice.

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5. Accordingly, this writ petition is allowed. The impugned proceedings of the second respondent in Na.Ka.No.A1/5310/2024, dated 16.04.2025, are hereby set aside. The respondents are directed to issue a fresh notice to the petitioner and grant adequate opportunity to present his case. Any document proposed to be relied upon shall be served on the petitioner prior to the conduct of the enquiry. The entire enquiry shall be completed within a period of four weeks from the date of receipt of a copy of this order. 19.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes KSA To

1. The District Collector, Karur District, Karur.

2. The Sub Collector, Kulithalai, Karur District, 3/4

S.SRIMATHY , J.

KSA ORDER MADE IN DATED :19.06.2025 4/4