Ganesan R v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.07.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)Nos.13985 & 13988 of 2024 R.Ganesan ... Petitioner Vs.

1.The District Collector, Ramanathapuram.

2.The Sub Collector, Paramakudi, Ramanathapuram District.

3.P.Ramasamy ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records relating to the 2nd respondent in his proceedings Na.Ka.A3/1070/2024 dated 12.06.2024 and quash the same.

For Petitioner : Mr.PT.S.Narendravasan For Respondents : Mr.K.Balasubramani Special Government Pleader for R1 & R2 1/4

ORDER

Heard the learned counsel for the petitioner and the Special Government Pleader appearing for R1 & 2. Issuance of notice to R3 is dispensed with.

2. One Perumal migrated from India to Burma. He died there. He had 8 legal heirs. One of them namely Rohini married the petitioner. The 3rd respondent herein is one of the sons of Perumal. The property presently stands in the name of the petitioner's daughter Shanthosima Lakshmi. The third respondent has given an application for cancelling the patta. Notice was issued not to Shanthosima Lakshmi but the petitioner herein. Since the impugned communication is only a notice, I am not inclined to interfere. However, there is merit in the contention of the petitioner's counsel that the pattadhar has not been put on notice. I direct the second respondent to issue notice to the petitioner's daughter before proceeding further in the matter.

3. The Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed. 18.07.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No rmi 2/4

To 1.The District Collector, Ramanathapuram.

2.The Sub Collector, Paramakudi, Ramanathapuram District.

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G.R.SWAMINATHAN, J.

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