P.Megala Achi, v. The Tahsildar,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.02.2023

CORAM

THE HON'BLE MR.JUSTICE K.KUMARESH BABU W.P(MD)No.18884 of 2014 and M.P(MD) No.1 of 2014 P.Megala Achi ..... Petitioner - Vs1. The Tahsildar, Karaikudi Taluk, Sivagangai District.

2. P.Nehru S/o. Balasubramanian No.3,/1532, Indira Nagar, Kallal, Sivagangai District.

Power of Attorney of

1. SM.Meenakshisundaram

2. SM.Saratha Achi

3. SM. Murugappan

4. SM. Kannamma Achi

5. SM. Nachammai Achi

6. SM. Nagammai Achi ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records 1/5

relating to the impugned order of the first respondent in Pa.Mu.P2/8989/14, dated 13.10.2014 quash the same.

For Petitioner : Mr.S.Meenakshi Sundaram Senior Counsel For Mr.B.Muruganandam For Respondents : Mr.M.Prakash Additional Government Pleader For -R1 : Mr.J.John - For R2

ORDER

This Writ Petition has been filed seeking for a Writ of Certiorari, to call for the records relating to the impugned order of the first respondent in Pa.Mu.P2/8989/14, dated 13.10.2014 and quash the same.

2. A perusal of the impugned order explicitly suggests that the patta in respect of Survey No.54/3A measuring an extent of 1.170 Hectares originally stood in the name of Malaiyandi Chettiyar. The said Malaiyandi Chettiyar was no more. Notice has been issued to one Palaniyappan, Son of Malaiyandi Chettiyar. The said notice has also been returned with an endorsement that he had died. When the first respondent had knowledge that 2/5

the successor in interest of the said Malaiyandi Chettiar is no more, he ought to have issued notice to the legal heirs of the said Malaiyandi Chettiar.

3. In the present case, having found that the Malaiyandi Chettiar and the son of Palaniyappan are no more, the revenue authority ought to have issued a notice to their legal heirs and only thereafter, proceeded in the matter further.

4. Hence, without adverting to the averments made by the writ petitioner as well as the learned counsel for the second respondent and also without going in to the merits of the matter, the order impugned in the writ petition passed by the first respondent is set aside only on the ground that there is a violation of principle of natural justice. The first respondent shall rehear the claim of the second respondent and after issuing notice, and after hearing both the petitioner as well as the second respondent, pass appropriate orders on merits and in accordance with law within a period of twelve (12) weeks from the date of receipt of a copy of this order. It is open to the parties to raise all the issues raised before this Court. 3/5

5. In fine, this Writ Petition is allowed to the extent as stated above. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.

02.02.2023 NCC: Yes / No 2/3 Index :

Yes / No Internet :

Yes / No ebsi To

1. The Tahsildar, Karaikudi Taluk, Sivagangai District.

4/5

K.KUMARESH BABU, J.

ebsi Order made in W.P(MD)No.18884 of 2014 02.02.2023 2/3 5/5