Madras High CourtWP(MD)/20314/2015allowed

Perumal, W/O.Narayanan v. The District Collector

2023-07-25Honourable Mr Justice G.R.Swaminathan4 pages

1 W.P.(MD)NO.20314 OF 2015 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.07.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.20314 of 2015 AND M.P.(MD)Nos.1 & 2 of 2015 Perumal ... Petitioner Vs.

1. The District Collector, O/o.the District Collector, Tirunelveli, Tirunelveli District.

2. The Sub Collector, Seranmahadevi Revenue Sub Division, Tirunelveli, Tirunelveli District.

3. The Tahsildar, Ambasamuthiram Taluk, Tirunelveli District.

4. The District Adhithiradivar Welfare Officer, Ambasamuthiram, Tirunelveli District.

5. The Special Tahsildar Adhithiravidar Welfare Department, Seranmahadevi, Tirunelveli District.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for 1/4

2 W.P.(MD)NO.20314 OF 2015 the records connected with the impugned order, patta cancellation order issued by the second respondent in Pa.Mu.A3/10159/2014 dated 26.03.2015 and quash the same as illegal.

For Petitioner : Mr.R.Alagumani For Respondents : Mr.D.Gandhiraj, Special Government Pleader.

* * *

O R D E R

Heard the learned counsel on either side.

2. The petitioner belongs to Scheduled Caste community. 0.12.00 hectares of land in the petition-mentioned survey number was assigned in favour of the petitioner in the year 2006. By the impugned proceedings, the assignment stood cancelled.

3. The ostensible reason is that the petitioner has breached the assignment condition by not bringing the land under cultivation. It is seen that the petitioner was not put on notice before passing the impugned order. On this sole 2/4

3 W.P.(MD)NO.20314 OF 2015 ground, the impugned order is set aside. This writ petition stands allowed. No costs. Consequently, connected miscellaneous petitions are closed.

25.07.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No PMU To:

1. The District Collector, O/o.the District Collector, Tirunelveli, Tirunelveli District.

2. The Sub Collector, Seranmahadevi Revenue Sub Division, Tirunelveli, Tirunelveli District.

3. The Tahsildar, Ambasamuthiram Taluk, Tirunelveli District.

4. The District Adhithiradivar Welfare Officer, Ambasamuthiram, Tirunelveli District.

5. The Special Tahsildar Adhithiravidar Welfare Department, Seranmahadevi, Tirunelveli District.

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4 W.P.(MD)NO.20314 OF 2015 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.20314 of 2015 25.07.2023 4/4