Madras High CourtWP(MD)/30502/2023disposed of

Veerappan .M v. The District Revenue Officer

2023-12-20Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.12.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)No.26238 of 2023 M.Veerappan ... Petitioner Vs.

1.The District Revenue Officer, Karur, Karur District.

2.The Tahsildar, Kulithalai Taluk, 3.The Tahsildar, Krishnarayapuram Taluk, ... 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 impugned order in Pa.Mu.C1/5947/2023 dated 05.07.2023 passed by the first respondent and quash the same as arbitrary and consequently direct the first respondent to conduct fresh enquiry 1/4

after affording opportunity of hearing to the petitioner within the time frame that may be stipulated by this Court.

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

ORDER

Heard both sides.

2.The petitioner applied to the District Revenue Officer, Karur for issuance of patta in his favour. On 03.07.2023, enquiry was held. The petitioner failed to appear. On that ground, the petition was dismissed. Challenging the said order dated 05.07.2023, the present writ petition came to be filed.

3.I am satisfied with the reasons set out in the affidavit filed in support of the writ petition. There is explanation as to why the petitioner could not appear on the enquiry date. In matters such as this, an order on merits will have to be passed. I therefore set aside the impugned order. The revision petition filed by the petitioner shall be restored to file. 2/4

4.The first respondent shall hold the enquiry on 19.01.2024 at 03.00 p.m. The first respondent shall issue notice to the other interested parties also. After hearing all the persons concerned, final order on merits and in accordance with law within a period of three months thereafter.

5.This writ petition is disposed of accordingly. I make it clear that I have not gone into the merits of the matter. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 20.12.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA To 1.The District Revenue Officer, Karur, Karur District.

2.The Tahsildar, Kulithalai Taluk, 3/4

G.R.SWAMINATHAN, J.

MGA 3.The Tahsildar, Krishnarayapuram Taluk, and W.M.P(MD)No.26238 of 2023 20.12.2023 4/4