R.Thandapani v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.10.2024

CORAM

THE HONOURABLE Ms.JUSTICE P.T.ASHA and W.M.P.(MD) Nos.18421 and 18422 of 2024 R.Thandapani ... Petitioner /vs./ 1.The District Collector, Dindigul District, Dindigul.

2.The Tahsildar, Gujiliyamparai Taluk, Dindigul District.

3.The Village Administrative Officer, Mallapuram Village, Gujiliyamparai Taluk, Karur District.

4.Ramasamy 5.Varadharaj 6.V.Ravikumar 1/4

7.R.Satheesh 8.R.Prabhu ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, calling for the records relating to the impugned order passed by the 2nd respondent in TR No.2021/13/24/000122SD, dated 28.07.2021 and quash the same as illegal.

For Petitioner : Mr.S.Gokulraj For R1 to R3 : Mr.D.S.Nedunchezian Government Advocate For R4 to R8 : Mr.S.M.Arunkumar

ORDER

Aggrieved by the fact that the order impugned has been passed without notice to the petitioner or enquiry, he is before this Court.

2. A perusal of the impugned order, which is an order issuing patta, it is clearly seen that the said order has been passed only on the basis of the petition given by the respondents 4 to 8 and on 02.03.2021 and the report of the Surveyor dated 28.07.2021.

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3. No notice has been issued to the petitioner herein, who is the original patta holder. Therefore, as the principles of natural justice has been violated, the Writ Petition stands allowed and the impugned order passed by the second respondent in TR No.2021/13/24/000122SD dated 28.07.2021 is set aside. No costs. Consequently, connected Miscellaneous Petitions are closed. Speaking : Yes / No 23.10.2024 NCC : Yes / No Internet : Yes / No Index : Yes / No mm To 1.The District Collector, Dindigul District, Dindigul.

2.The Tahsildar, Gujiliyamparai Taluk, Dindigul District.

3.The Village Administrative Officer, Mallapuram Village, Gujiliyamparai Taluk, Karur District.

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P.T.ASHA, J.

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