Madras High CourtWP(MD)/16781/2023allowed

Karuppiah.V v. The Commissioner Of Land Administration

2023-10-13Honourable Mr Justice G.R.Swaminathan4 pages

1 W.P.(MD)NO.16781 OF 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.12.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.16781 of 2023 AND W.M.P.(MD)Nos.14006 & 14009 of 2023 V.Karuppiah ... Petitioner Vs.

1. The Commissioner of Land Administration, 2nd Floor, Ezhilagam, Chepauk, Chennai - 600 005.

2. The District Collector, Sivagangai District.

3. The Managing Trustee, Sri Jeyamkondacholeeswarar, Sri Sowntharanayaki Amman Temple, Neman Village, Kundrakudi Post, Thirupathur Taluk, Sivagangai District. ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records of the impugned order in Ref.No.Moo.Mu.Pi1/18683/2020 dated 12.11.2020 on the file of the second respondent and quash the same.

For Petitioner : Mr.G.Prabhu Rajadurai For R-1 & R-2 : Mr.K.Balasubramani, Special Government Pleader For R-3 : Mr.RM.Arun Swaminathan * * * 1/4

2 W.P.(MD)NO.16781 OF 2023

O R D E R

Heard both sides.

2. It is beyond dispute that the impugned proceedings were not preceded by any notice. On this sole ground, it is set aside. The matter is remitted to the file of the second respondent and the second respondent shall conclude the enquiry and pass appropriate order on merits and in accordance with law within a period of four months from the date of receipt of a copy of this order.

3. I make it clear that I have not gone into the merits of the matter. The scope of this writ petition is confined only to Survey Nos.240/17, 240/18 and 240/19.

4. With this liberty to the second respondent as well as the third respondent to take appropriate steps, the Writ Petition is allowed. No costs. Consequently, connected miscellaneous petitions are closed.

15.12.2023 NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU 2/4

3 W.P.(MD)NO.16781 OF 2023 To:

1. The Commissioner of Land Administration, 2nd Floor, Ezhilagam, Chepauk, Chennai - 600 005.

2. The District Collector, Sivagangai District.

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4 W.P.(MD)NO.16781 OF 2023 G.R.SWAMINATHAN,J.

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