Madras High CourtWP(MD)/18784/2018disposed of

Alagu, v. The District Revenue Officer,

2024-03-26Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.18784 of 2018 and WMP(MD) No.16642 & 16643 of 2018, 11112 of 2020, 14379 of 2021 and 24974 of 2023

1. Alagu

2. Irulappan

3. Subbulakshmi

4. Ayyappan

5. Erulayee

6. Pushpavanam

7. Lakshmi ... Petitioners Vs 1.The District Revenue Officer, Virudhunagar District.

2.The Revenue Divisional Officer, Aruppukottai Taluk, Aruppukottai, Virudhunagar District.

3.The Thasildar, Thiruchuli Taluk, Thiruchuli, Virudhunagar District.

4.G.Gurunathan

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified mandamus, to call for the records relating to the order of the 1st 1/5

respondent in Ne.Moo.Aa2 / 3216 / 2016 dated 04/07/2018 by which the patta in favour of the petitioners for the lands in Natham Survey Nos.195 / 38, 39, 42, 43, 45, 46, 47 have been cancelled and quash the same insofor as petitioners concerned and for a consequential direction to issue Natham Patta in petitioners' names. For Petitioner : Mr.V.Perumal For R1 to R3 : Mr.R.Suresh Kumar Additional Government Pleader

O R D E R

The case of the petitioners is that without providing an opportunity of hearing, pattas stand in the name of the petitioners have been cancelled by the order impugned in this writ petition. 2.The learned Additional Government Pleader appearing for the official respondents submits that based on the compliant given by one Gurunathan, who is maintaining the properties of Arulmighu Sri Paranjothi Vinayakar Temple and the order of this Court passed in WP(MD)No.7514 of 2016, dated 29.11.2017 filed by the said Gurunathan and after scrutinizing the available records, the impugned order came to be passed.

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3.The impugned order reveals that no notice has been issued to the petitioners before passing the impugned order and on this limited scope of principles of natural justice, this writ petition is allowed. The order impugned in this writ petition is set aside. The official respondents are directed to provide sufficient opportunities to the petitioners and shall pass an order afresh, in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order. No costs. Consequently, connected Miscellaneous petitions are closed.

26.03.2024 NCC: Yes/No Index:Yes/No Internet:Yes vrn 3/5

To 1.The District Revenue Officer, Virudhunagar District.

2.The Revenue Divisional Officer, Aruppukottai Taluk, Aruppukottai, Virudhunagar District.

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B.PUGALENDHI, J.

vrn Order made in W.P(MD)No.18784 of 2018 and WMP(MD) No.16642 & 16643 of 2018, 11112 of 2020, 14379 of 2021 and 24974 of 2023 26.03.2024 5/5