Jeyaraman, S/O Seenivasan, v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.07.2023
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and M.P.(MD)Nos.1, 1, 2 and 2 of 2015 Jeyaraman ... Petitioner in both W.Ps Vs.
1.The District Collector, Trichy District, Trichy.
2.The District Revenue Officer, Trichy.
3.The Revenue Divisional Officer, Trichy.
4.The Tahsildar Thiruverumbur Taluk, Trichy District.
5.The Zonal Deputy Tahsildar, Thiruverambur Taluk, Trichy District.
6.Sekar 1/6
7.Karuppusamy 8.Palani 9.Chinnamani 10.Srinidhi ... Respondents in both W.Ps (R9 and R10 are impleaded vide order dated 08.11.2022 in W.M.P.(MD)Nos.14066 and 14063 of 2020 in W.P.(MD)Nos.7204 and 7205 of 2015 by RVJ) Prayer in W.P.(MD)No.7204 of 2015 : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records pertaining to the impugned order passed by the 5th respondent in RTR 8762/14 dated 09.01.2015 deleting the petitioner's name from the Joint Patta No.714 in respect of the land in S.No.46/5B of Thirunedunkulam Village, Thiruverumbur Taluk, Trichy District and quash the same.
Prayer in W.P.(MD)No.7205 of 2015 : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records pertaining to the impugned order passed by the 5th respondent in RTR 8753/14 dated 09.01.2015 deleting the petitioner's name from the Joint Patta No.741 in respect of the land in 2/6
S.Nos.116/14 and 116/15 of Thirunedunkulam Village, Thiruverumbur Taluk, Trichy District and quash the same.
(In both W.Ps) For Petitioner : Mr.M.Saravanan For Respondents : Mr.S.RA.Ramachandran, Addl. Government Pleader for R1 to R5.
Ms.Pandipriya for R6 to R8.
No appearance for R9 & R10.
COMMON ORDER Heard the learned counsel on either side.
2.The revenue records (Patta Nos.714 and 741) originally reflected the names of Rasu Udayar and Seenivasan. Subsequently, the legal heirs of both of them were shown in the revenue record. Rasu Udayar had three sons namely, Karuppasamy, Palani and Sekar. Seenivasan's legal heirs are Jeyaraman (Son) and Malliammal (Wife). By the impugned order, separate patta came to be issued.
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3.I posed a question to the learned counsel for the private respondents as well as the Additional Government Pleader, if before effecting such mutation, the writ petitioner was put on notice. Definite answer is not forthcoming. There is nothing on record to show that the petitioner was notified before effecting mutation. A specific ground that there has been violation of principles of natural justice has been taken. This ground is not controverted. I, therefore, set aside the impugned orders on the ground of violation of principles of natural justice. The matter is remitted to the file of theTahsildar, Thiruverumbur Taluk. The said authority shall issues notice to both the parties and thereafter pass order afresh on merits and in accordance with law. 4.These writ petitions are allowed accordingly. No costs. Consequently, connected miscellaneous petitions are closed. 12.07.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias 4/6
To:- 1.The District Collector, Trichy District, Trichy.
2.The District Revenue Officer, Trichy.
3.The Revenue Divisional Officer, Trichy.
4.The Tahsildar Thiruverumbur Taluk, Trichy District.
5.The Zonal Deputy Tahsildar, Thiruverambur Taluk, Trichy District.
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G.R.SWAMINATHAN, J.
ias 12.07.2023 6/6