Madras High CourtWP(MD)/22287/2022disposed of

Rajalakshmi v. The District Revenue Officer

2024-10-22Honourable Ms. Justice P.T. Asha5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.10.2024

CORAM

THE HONOURABLE Ms.JUSTICE P.T.ASHA and W.M.P.(MD) No.16477 of 2022 Rajalakshmi ... Petitioner /vs./ 1.The District Revenue Officer, 2.The Revenue Divisional Officer, 3.The Tahsildar, Alangudi Taluk, Pudukkottai District.

4.Sengamalam ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, calling for the records pertaining the order of the 1/5

2nd respondent proceedings in Ni.Mu.3063/2021/A4 dated 21.06.2022 and set aside the same as illegal.

For Petitioner : Mr.R.Paranjothi For R1 to R3 : Mr.B.Saravanan Additional Government Pleader

ORDER

The petitioner has sought to quash the order of the second respondent dated 21.06.2022 on the ground that the impugned order has been passed without notice or without giving any opportunity to the petitioner and further, the appeal has been filed by the fourth respondent for patta transfer after 29 years.

2. A perusal of the order impugned and the cover, under which it has been despatched to the petitioner, clearly shows that the impugned order had been addressed to an address, where the petitioner was not residing and the impugned order itself has been redirected to the petitioner on 01.07.2022 much after the impugned order has been passed. Therefore, it is very clear that no notice had been received by the petitioner prior to the passing of the impugned order. 2/5

3. Therefore, on this limited ground without going into the merits of the case the Writ Petition stands allowed and the impugned order of the second respondent by his proceedings in Ni.Mu.3063/2021/A4 dated 21.06.2022 is set aside and the matter is remitted back to the second respondent for fresh disposal. The second respondent shall issue notice to the petitioner to the address given in the writ petition and shall pass orders after hearing the objections and affording personal opportunity to the petitioner. The said exercise shall be completed within a month from the date of receipt of a copy of this order. No costs. Consequently, connected Miscellaneous Petition is closed.

Speaking : Yes / No 22.10.2024 NCC : Yes / No Internet : Yes / No Index : Yes / No mm To 1.The District Revenue Officer, 3/5

2.The Revenue Divisional Officer, 3.The Tahsildar, Alangudi Taluk, Pudukkottai District.

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P.T.ASHA, J.

mm 22.10.2024 5/5