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Madras High CourtWP(MD)/24994/2023

K.Balamurugan v. The District Revenue Office

2023-10-16Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.10.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN K.Balamurugan ... Petitioner Vs.

1.The District Revenue Officer, District Collectorate, Dindigul District.

2.The Revenue Divisional Officer, Opposite to Bus Terminus, Dindigul.

3.The Tahsidar, Nilakottai Taluk, Dindigul District.

4.Ammaiyappan ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the third respondent to provide an opportunity of hearing to the petitioner before effecting any mutation in patta entries in respect of the petitioner's land 1/4

in S.No.51/1B2, Mallanampatti Village, Nilakkottai Taluk corresponding to Patta No.1736 in furtherance of any application preferred by the fourth respondent or person claiming through him.

For Petitioner : Mr.M.Mahaboob Athiff For Respondents : Mr.M.Prakash Additional Government Pleader for R.1 to R.3

ORDER

Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents 1 to 3. Considering the nature of relief to be granted, issuance of notice to the fourth respondent is dispensed with.

2. The only relief that the petitioner seeks is that the third respondent must give him an opportunity of hearing before effecting any mutation in the patta entry in respect of the petition mentioned land.

3. The learned counsel appearing for the petitioner states that the petitioner is an incumbent pattadhar. Therefore, his rights are obviously 2/4

involved. The third respondent is directed to provide opportunity of hearing to the petitioner while considering the application of the fourth respondent.

4. This writ petition is allowed on these terms. I make it clear that I have not gone into the merits of the matter. There shall be no order as to costs.

16.10.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA To 1.The District Revenue Officer, District Collectorate, Dindigul District.

2.The Revenue Divisional Officer, Opposite to Bus Terminus, Dindigul.

3.The Tahsidar, Nilakottai Taluk, Dindigul District.

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G.R.SWAMINATHAN, J.

MGA 16.10.2023 4/4