Madras High CourtWP(MD)/5777/2014disposed of

P.Shanthi v. The District Revenue Officer

2022-12-20Honourable Mr Justice K.Kumaresh Babu4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :20.12.2022

CORAM

THE HONOURABLE MR.JUSTICE K. KUMARESH BABU and M.P.(MD).Nos.1 & 2 of 2014 P.Shanthi ... Petitioner Vs.

1.The District Revenue Officer, District Revenue Officer's Office, Ramanathapuram, Ramanathapuram District.

2.Vijayaramu 3.Pandian 4.The Tahsildhar, Kadaladi Taluk, Ramanathapuram District.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorari, calling for the records relating to the impugned order dated 07.02.2014 passed in Pa.Mu.18515/2013(B5) on the file of the 1st respondent.

For Petitioner :Mr.K.Rajeshwaran For Respondents :Mr.M.Prakash Additional Government Pleader for R1 & R4 :Mr.V.Ragavachari :Mr.S.Ramesh for R2

ORDER

This present writ petition has been filed challenging the impugned order dated 07.02.2014 passed in Pa.Mu.18515/2013(B5), on the file of the 1st respondent, by the petitioner on the ground that the same has been passed without any notice to the petitioner.

2. It is the case of the petitioner that the patta in Patta No.10421, in respect of Survey No.179/2B in Sayalkudi Village, Kadaladi Taluk, Ramanathapuram District has been cancelled through the impugned proceedings by the 1st respondent herein, without issuance of any notice to the petitioner. The petitioner would further state that he had instituted a suit in O.S.No.17 of 2014, on the file of Sub-Court, Paramakudi, and obtained a decree.

3. On perusing the order impugned, this Court finds that the same order has been passed without issuing notice to the petitioner, Hence, the same is set aside and the matter is remitted back to the 1st respondent, who shall, after issuing notice to the respective parties and after hearing them, pass appropriate 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. It is open to the parties to place before the 1st respondent the materials supporting their grievances.

4. Accordingly, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 20.12.2022 Index : Yes / No Speaking Order/Non Speaking Order sbn

K.KUMARESH BABU, J.

sbn To 1.The District Revenue officer, District Revenue Officer's Office, Ramanathapuram, Ramanathapuram District.

2.The Tahsildhar, Kadaladi Taluk, Ramanathapuram District.

and M.P.(MD).Nos.1 & 2 of 2014 20.12.2022