A.Ravichandran v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 06.12.2024

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD)Nos.24844, 24846 and 24847 of 2024 A.Ravichandran ... Petitioner Vs.

1.The District Collector, Office of Collectorate, Madurai District, Madurai.

2.The Revenue Divisional Officer, Madurai North, Madurai District.

3.The Tahsildar, Vadipatti Taluk, Vadipatti, Madurai District.

4.R.Baskaran 5.Pappa @ Periyakaruppan 6.K.Ramalingam 7.Lakshmiammal 8.Ponnuchamy 9.Marimuthu ... Respondents 1/5

PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the 3rd respondent made in proceedings No.T.R. 2024/0103/24/349825TR dated 27.09.2024 and to quash the same as illegal and to direct the respondents to restore the original name holder A.Ravichandran, the petitioner herein in Patta No.4784 in respect of land in Survey No.135/4B, 136/2B situated at Kallanai Village, Vadipatti Taluk, Madurai District.

For Petitioner : Mr.P.Murugesan For Respondents 1 to 3 : Mr.R.Ragavendran Government Advocate

ORDER

By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself. Considering the limited scope of relief sought for, notice to the respondents 4 to 9 is dispensed with. 2.Challenging the order passed by the third respondent dated 27.09.2024, this Writ Petition came to be filed. 3.The third respondent vide impugned order dated 27.09.2024, without putting the petitioner on notice, has cancelled the patta pertaining to the land comprised in Survey Nos.135/4B and 136/2B, Kallanai Village, Vadipatti Taluk, Madurai District, in favour of the respondents 4 to 9. Challenging the same, this Writ Petition is filed. 2/5

4.Heard the learned counsel appearing for the petitioner, the learned Government Advocate appearing for the respondents 1 to 3 and carefully perused the entire materials available on record. 5.The suit property mentioned supra is exclusively the family property of the petitioner and the patta stood in the name of the petitioner. Without putting him on notice, the third respondent has passed the impugned order dated 27.09.2024, cancelling the patta, which stood in the name of the petitioner and thereafter, transferring the same in favour of the respondents 4 to 9. This would amount to violation of principles of natural justice. The impugned order is quashed and thereafter, remand back to the third respondent. The third respondent is directed to pass appropriate orders, after issuing notice to the petitioner and the respondents 4 to 9, within a period of eight weeks from the date of receipt of copy of this order.

6.Accordingly, this Writ Petition is allowed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. 06.12.2024 NCC : Yes / No Index :

Yes / No Internet :

Yes Mrn 3/5

To 1.The District Collector, Office of Collectorate, Madurai District, Madurai.

2.The Revenue Divisional Officer, Madurai North, Madurai District.

3.The Tahsildar, Vadipatti Taluk, Vadipatti, Madurai District.

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L.VICTORIA GOWRI, J.

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