Madras High CourtWP(MD)/5171/2017allowed

K.P.Balasubramanian, v. The Assistant Commissioner

2022-06-21Honourable Mr Justice G.R.Swaminathan2 pages

W.P.(MD)No.5171 of 2017 and BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.06.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.5171 of 2017 and W.M.P.(MD)Nos.4166 & 4167 of 2017 K.P.Balasubramanian ... Petitioner Vs.

1. The Assistant Commissioner (Land Reforms), Madurai.

2. The Revenue Divisional Officer, Uthamapalayam, (Near RTO Office), Theni District.

3. The Land Commissioner(Land Reforms), Ezhilagam, Chepauk, Chennai - 600 005.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records pertaining to the impugned order in proceedings No.M.R.4/307A/PODI/ dated 19.12.2007 passed by the first respondent and quash the same.

For Petitioner : Mr.R.Narayanan For Respondents : Mr.K.Balasubramani, Special Government Pleader.

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O R D E R

Heard the learned counsel on either side.

2. The petitioner questions the impugned order dated 19.12.2007 whereby the assignment made in favour of the petitioner and his father was cancelled. It is stated in the impugned order that the petitioner's father passed away in the year 2005 and that the petitioner joined Government service in the year 2000. The reasons set out in the impugned order may be weighty and strong. It is elementary that the principles of natural justice will have to be complied with before any such order is passed. It is also a statutory mandate.

3. In this view of the matter, the order impugned in this writ petition is set aside. This writ petition stands allowed. The https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.5171 of 2017 and matter is remanded to the file of the first respondent to pass orders afresh and in accordance with law after giving notice to the petitioner. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CS I) // True Copy // /07/2022 Sub Assistant Registrar(CS) PMU To:

1. The Assistant Commissioner (Land Reforms), Madurai.

2. The Revenue Divisional Officer, Uthamapalayam, (Near RTO Office), Theni District.

3. The Land Commissioner(Land Reforms), Ezhilagam, Chepauk, Chennai - 600 005.

+1 CC to M/s.R. NARAYANAN, Advocate ( SR-27200[F] dated 21/06/2022 ) +1 CC to M/s.SPL.GP ( SR-27711[F] dated 23/06/2022 ) W.P.(MD)No.5171 of 2017 21.06.2022 SS/01/07/2022/ 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2