Balamurugan .S v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.10.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA and W.M.P.(MD) No.26524 of 2023 and W.M.P.(MD) Nos.13653 and 18034 of 2024 S.Balamurugan .. Petitioner Vs.

1.The District Revenue Officer, Virudhunagar District, Virudhunagar.

2.The Revenue Divisional Officer, O/o. The Revenue Divisional Office, Aruppukottai, Virudhunagar District.

3.The Tahsildar, Aruppukottai, Virudhunagar District.

4.P.Purushothaman .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified mandamus, to call for the records of the first respondent in his proceedings in

e.f.vz;.M2/6397/2023 dated 28.08.2023 and quash the same as without jurisdiction and consequently forbears the respondents from interfering in the peaceful possession of the petitioner's property in Plot No.41, situated at Kanjanaickenpatti Village, Aruppukottai Taluk, Virudhunagar District.

For Petitioner :

Mr.Ananth C Rajesh For R1 to R3 :

Mr.B.Saravanan Additional Government Pleader For R4 :

Mr.R.Tamilvanan

ORDER

Challenging an enquiry notice dated 28.08.2023 of the first respondent, the petitioner is before this Court.

2. The challenge to the enquiry notice as stated in Paragraph No.9 of the affidavit would read as follows:

"9. I submit that in the above stated circumstances, the 1st respondent without issuing any notice to me, sent the enquiry notice to others who are not invested anything on the land. I am the really aggrieved person and without notice to me and

similarly placed plot owners of 60 numbers, the 1st respondent is conducting an enquiry under the head of UDR mistake. The same is unlawful and hence the same is liable to be quashed ...."

3. Learned Additional Government Pleader would say that respondents 1 to 3 have no objection for issuing a notice to the petitioner and thereafter, passing orders.

4. Recording the submission made by the learned Additional Government Pleader, this Writ Petition is disposed of however, with a direction to the first respondent to issue notice to the petitioner and only after hearing the petitioner, orders to be passed. No costs. Consequently, connected miscellaneous petitions are closed. 22.10.2024 NCC : Yes/No Index : Yes/No Internet : Yes abr

To 1.The District Revenue Officer, Virudhunagar District, Virudhunagar.

2.The Revenue Divisional Officer, O/o. The Revenue Divisional Office, Aruppukottai, Virudhunagar District.

3.The Tahsildar, Aruppukottai, Virudhunagar District.

P.T.ASHA, J.

abr Dated: 22.10.2024