Veluchamy.K v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.09.2022

CORAM

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD).No.21594 of 2022 and W.M.P(MD).Nos.15738, 15739 and 15740 of 2022 K.Veluchamy : Petitioner Vs

1. The District Collector, Dindigul District, Dindigul.

2. The Revenue Divisional Officer, Palani, Dindigul District.

3. The Tahsildar, Vedasandur Taluk, Dindigul District.

4. The Executive Officer, Vedasandur Town Panchayat, Vedasandur, Dindigul District.

: Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the 1/5

records pertaining to the Impugned Order passed by the first respondent vide his Proceedings in O.Mu.No. 415/2022/A2, dated 05.02.2022 and quash the same as illegal and consequently direct the respondents Nos.1 to 3 to issue Patta in respect of land to an extent of 2023 Sq. Ft. (4.63 Cents) in Old Survey No.694/A3, New Survey No.1922/9 at Vedasandur Village, Vedasandur Taluk, Dindigul District in the name of the Petitioners Sayakkara Pattarai Uravinmurai Bajanai Madam by considering the petitioner's application dated 11.01.2022 and for other reliefs.

For Petitioner : Mr.Lawrance.J, For R1 to R3 : Mr.D.Gandhiraj Special Government Pleader For R4 : Mr.A.Baskaran Additional Government Pleader

ORDER

The present writ petition has been filed challenging the order passed by the first respondent, under which the request of the petitioner for granting patta was rejected.

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2.The order passed by the first respondent is revisable under Section 10 of Tamil Nadu Patta Passbook Act, 1983. However, the learned Counsel appearing for the petitioner submits that the second respondent herein has not issued any notice to him or called upon the petitioner to produce any document. Based upon the documents produced by the petitioner, the second respondent has passed orders. However, the second respondent passed orders without perusing the documents.

3.I have perused the impugned order. There is no indication that any enquiry notice was sent or any enquiry was conducted by granting opportunity to the petitioner to submit his documents. 4.In view of the above said facts, the order passed in O.Mu.No. 415/2022/A2, dated 05.02.2022 by the first respondent is hereby set aside and the matter is remitted back to the file of the second respondent. The second respondent is directed to provide opportunity to the petitioner to submit his documents, grant personal hearing to the writ petitioner and thereafter, pass orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. 3/5

5.With the above direction, this writ petition stands allowed. No costs. Consequently, connected miscellaneous petitions are closed. 12.09.2022 Index : Yes / No Internet : Yes/ No lr To

1. The District Collector, Dindigul District, Dindigul.

2. The Revenue Divisional Officer, Palani, Dindigul District.

3. The Tahsildar, Vedasandur Taluk, Dindigul District.

4. The Executive Officer, Vedasandur Town Panchayat, Vedasandur, Dindigul District.

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R.VIJAYAKUMAR , J.

lr W.P(MD).No.21594 of 2022 12.09.2022 5/5