Divya.S v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.06.2024 CORAM :

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR and W.M.P(MD)Nos.13630 and 13634 of 2021 S.Divya : Petitioner Vs.

1.The Revenue Divisional Officer, Dindigul, Dindigul District.

2.The Tahsildar, East Dindigul, Dindigul District.

3.K.Suresh Babu : 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 impugned proceedings, dated 04.08.2021 in Na.Ka.No.4349/2021/As4 issued by the first respondent and quash the same. For Petitioner : Mr.M.P.Senthil, For Respondents : Mr.A.K.Manikkam, Special Government Pleader for R1 and R2.

: Mr.M.S.Jeyakarthik, for R3.

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O R D E R

This Writ Petition is directed against the enquiry notice, dated 04.08.2021 issued by the second respondent, directing the petitioner to appear for an enquiry scheduled on 23.08.2021 in respect of the petition given by the third respondent.

2. The learned counsel for the petitioner would submit that the third respondent has challenged the legal heir certificate issued to the petitioner. He would further submit that they are disputing the jurisdiction of the second respondent in deciding the above aspect.

3. The learned Special Government Pleader appearing for the State would submit that since the writ petition is filed challenging the enquiry notice, the petitioner as well as the third respondent are to be directed to appear before the concerned authority and to canvass their contentions.

4. Considering the submission made by the learned counsel on either side, the second respondent is directed to issue fresh enquiry notice to the petitioner as well as the third respondent and on receipt of the same, the petitioner as well as the third respondent are directed to appear before the second respondent and 2/4

to canvass their contentions including the point of jurisdiction and on such appearance, the second respondent is directed to proceed further and pass orders in accordance with law within a period of eight weeks from the date of receipt of copy of this order. Consequently, connected Miscellaneous Petitions are closed. No costs.

28.06.2024 NCC :Yes/No Index :Yes/No Internet :Yes/ No das To 1.The Revenue Divisional Officer, Dindigul, Dindigul District.

2.The Tahsildar, East Dindigul, Dindigul District.

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K.MURALI SHANKAR, J DAS Order made in and W.M.P(MD)Nos.13630 and 13634 of 2021 Dated : 28.06.2024 4/4