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Madras High CourtWP(MD)/10447/2015allowed

M. Subramaniyan v. The Distrit Collector

2023-09-15Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.09.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and M.P.(MD)No.1 of 2015 M.Subramaniyan ... Petitioner Vs.

1.The District Collector, Sivagangai District, Sivagangai.

2.The District Revenue Officer, Sivagangai District, Sivagangai.

3.The Revenue Divisional Officer, Sivagangai District, Sivagangai.

4.The Tahsildar, O/o.Tahsildhar, Ilaiyankudi, Sivagangai District.

5.M.Veluchamy ... Respondents 1/4

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records pertaining to impugned order in Na.Ka.A1/15670/2014 dated 10.06.2015 on the file of the respondent No.2 and quash the same as illegal.

For Petitioner : Mr.S.Rajasekar For Respondents : Mr.S.Shanmugavel, Addl. Government Pleader for R1 to R4.

Mr.G.Mohankumar for R5

ORDER

Heard the learned counsel on either side.

2.The fifth respondent herein filed a revision before the District Revenue Officer seeking changes in the revenue record in respect of the petition mentioned survey numbers. His case was accepted and the impugned order dated 10.06.2015 came to be passed. This operated to the prejudice of the writ petitioner herein. The writ petitioner was not heard before passing the impugned order. On this sole ground, the 2/4

impugned order is set aside. The matter is remitted to the District Revenue Officer, Sivagangai. The District Revenue Officer, Sivagangai will issue fresh notice of enquiry to the petitioner, fifth respondent and other stakeholders, if any. Thereafter a final order on merits and in accordance with law will be passed. I make it clear that I have not gone into the merits of the matter. The contentions of both the parties are left open 3.This writ petition is allowed on these terms. No costs. Consequently, connected miscellaneous petition is closed. 15.09.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias 3/4

G.R.SWAMINATHAN, J.

ias To:- 1.The District Collector, Sivagangai District, Sivagangai.

2.The District Revenue Officer, Sivagangai District, Sivagangai.

3.The Revenue Divisional Officer, Sivagangai District, Sivagangai.

4.The Tahsildar, O/o.Tahsildhar, Ilaiyankudi, Sivagangai District.

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