Madras High CourtWP(MD)/9712/2017disposed of

M.Kowsalya, v. The District Revenue Officer

2017-05-24Honourable Mr Justice M.V. Muralidaran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.05.2017

CORAM:

THE HONOURABLE Mr.JUSTICE M.V.MURALIDARAN W.P.(MD)No.9712 of 2017 and W.M.P.(MD)No.7457 &7458 of 2017 M.Kowsalya ...

Petitioner Vs.

1.The District Revenue Officer, Madurai.

2.The Tahsildar, Thirumangalam Taluk, Madurai.

3.Alagarsamy 4.Papaiyan 5.R.Narayanasamy Naidu ... Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari to call for the records of the 1st respondent in Na.Ka.No.G2/39397/14 dated 30.03.2017 and quash the same as arbitrary and illegal.

For Petitioner : Mr.Vijayan For R1 & R2 : Mr.A.Muthu Karuppan Additional Government Pleader

O R D E R

This petition has been filed, seeking to quash the impugned order dated 30.03.2017 passed by the 1st respondent in his proceedings in Na.Ka.No.G2/39397/14.

2. Heard the learned counsel on either side.

3. Though several points have been urged by the petitioner in the affidavit filed in support of this petition to challenge the impugned order, the main ground canvassed by the petitioner is that the impugned order has been passed without giving an opportunity of hearing to the petitioner, thereby there is a violation of principles of natural justice and therefore, on that sole ground, the impugned order is liable to be set aside. https://hcservices.ecourts.gov.in/hcservices/

4. In view of the above and also finding force in the contention raised by the petitioner, this writ petition is allowed

and the impugned order dated 30.03.2017 passed by the 1st respondent is set aside. The matter is remitted to the 1st respondent for fresh consideration, who in turn shall pass orders within a period of eight weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner. No costs. Consequently, connected miscellaneous petitions are closed.

sd /- ASSISTANT REGISTRAR(CS-III) /TRUE COPY/ SUB ASSISTANT REGISTRAR To 1.The District Revenue Officer, Madurai.

2.The Tahsildar, Thirumangalam Taluk, Madurai.

+1 CC TO MR.VIJAYAN, ADVOCATE SR NO.57525 +1 CC TO SPECIAL GOVERNMENT PLEADER SR NO.57700 SRM/GNS/RMI MAS/KP/SAR1:12.06.2017:2P-5C W.P.(MD)No.9712 of 2017 and W.M.P.(MD)No.7457 &7458 of 2017 24.05.2017 https://hcservices.ecourts.gov.in/hcservices/