Valliammal v. The Dist.Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.01.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)Nos.131 and 133 of 2021 Valliammal ... Petitioner Vs.

1.The District Collector, Thenkasi District, Thenkasi.

2.The Revenue Divisional Officer, Sankarankovil, Thenkasi District.

3.The Tahsildhar, Sankarankovil Taluk Office, Thenkasi District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records of the 3rd respondent pertaining to the impugned order in Na.Ka.No.A1/6771/2020 dated 12.09.2020 and quash the same as illegal and arbitrary and consequently direct the respondents to issue patta in the name of the petitioner with regard to bearing in Old Survey No.509/5, New Survey No.800/8 total extent as 24 cents which is situated at Ilavankulam village, Sri 1/4

Gomathipuram, Sankarankovil Taluk, Tenkasi District within the time limit that may be stipulated by this Court.

For Petitioner : Mr.K.Gurunathan, For Ms.C.Vijalakshmi.

For Respondents : Mr.K.Selvaganeshan, Addl. Government Pleader.

ORDER

Heard both sides.

2.The petitioner seeks natham patta for the petition mentioned survey number. The petitioner is ready to produce antecedent records. Her grievance is that her request was rejected without holding any enquiry. 3.I went through the contents of the impugned order and also references cited therein. It is too obvious that an order on the petitioner's application was straightaway passed without conducting any kind of enquiry. 4.On this sole ground, the impugned order is set aside and the matter is remitted to file of the third respondent. The petitioner or her authorised representative will appear before the third respondent on 19.02.2024 at 2/4

03.00 pm. The third respondent will conduct enquiry and after taking into account the relevant records, pass final order on merits and in accordance with law within a period of eight weeks thereafter. I make it clear that I have not gone into the merits of the matter.

5.This writ petition is allowed on these terms. No costs. Consequently, connected miscellaneous petitions are closed. 23.01.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 1.The District Collector, Thenkasi District, Thenkasi.

2.The Revenue Divisional Officer, Sankarankovil, Thenkasi District.

3.The Tahsildhar, Sankarankovil Taluk Office, Thenkasi District.

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G.R.SWAMINATHAN, J.

ias 23.01.2024 4/4