M.Thiurmalaisamy @ Durairaj v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.[MD].No.355 of 2013 and M.P.(MD)No.1 of 2013 M.Thirumalaisamy alias Durairaj : Petitioner Vs.

1.The District Collector, District Collector Office, Dindigul, Dindigul District.

2.The Tahsildar, Taluk Office, Dindigul, Dindigul District.

3.The Deputy Tahsildar, Taluk Office, Dindigul, Dindigul District.

4.Srinivasan alias Venkatarengiah 5.Kesavan alias Kesavaperumal : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records relating to the second respondent proceedings made in Na.Ka.No.39713/2012/A3, dated 27.12.2012, quash the same and further, direct the second respondent to follow guidelines issued by Full Bench of this Court reported in 2005(2) CTC 741 before proceed with further.

For Petitioner : Mr.R.Sundar For Respondents 1to3 : Mr.T.S.Mohammed Mohideen, Additional Government Pleader For Respondents 4&5 : Mr.R.Venkatesan, For M/s.Right Law Associates

O R D E R

[Order of the Court was made by G.R.SWAMINATHAN, J.] The writ petitioner challenges the notice dated 27.12.2012 issued by the Tahsildar, Dindigul District.

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2. On perusal of the impugned notice dated 27.12.2012, it is seen that the same was not preceded by any prior show cause

notice. Therefore, on that ground, the impugned notice dated 27.12.2012 is quashed. It is open to the Tahsildar, Dindigul District, to initiate appropriate action on merits and in accordance with law, if the cause of action still survives.

3. The Writ Petition is allowed as indicated above. No costs. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To 1.The District Collector, District Collector Office, Dindigul, Dindigul District.

2.The Tahsildar, Taluk Office, Dindigul, Dindigul District.

3.The Deputy Tahsildar, Taluk Office, Dindigul, Dindigul District.

+1cc to M/S.R.Sundar, Advocate SR.No. 67153 +1cc to M/S.Right Law Associates, Advocate SR.No. 67340 +1cc to Special Government Pleader, SR.No. 67926 Order made in W.P.[MD].No.355 of 2013 Dated:

24.07.2017 SML JM/MR KKR/SAR 1/03.08.2017/2P/7C https://hcservices.ecourts.gov.in/hcservices/