R.Rengasami v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.01.2025

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD)No.707 of 2025 R.Rengasami ... Petitioner Vs.

1. The District Collector, Tiruchirapalli.

2. The District Revenue Officer, District Collectorate, Tiruchirapalli.

3. The Revenue Divisional Officer, District Collectorate, Tiruchirapalli.

4. The Tahsildhar, Srirangam Taluk, Tiruchirapalli.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records in No.Pa.Mu.A5/32712/2013 dated .03.2020 the file of the 2nd respondent and to quash the same as illegal and arbitrary and consequently, to direct the 2nd respondent to conduct a detailed enquiry after affording opportunity to the 1/5

petitioner and other interested persons, within the time frame stipulated by this Court.

For Petitioner : Mr.S.Venkatesh For Respondents : Mr.M.Muthumanickam Government Advocate

ORDER

Mr.M.Muthumanickam, learned Government Advocate takes notice for the respondents. By consent of both the parties, this writ petition is taken up for final hearing at the admission stage itself.

2. The prayer in the Writ Petition reads as follows:- "To issue a Writ of Certiorarified Mandamus, to call for the records in No.Pa.Mu.A5/32712/2013 dated .03.2020 the file of the 2nd respondent and to quash the same as illegal and arbitrary and consequently, to direct the 2nd respondent to conduct a detailed enquiry after affording opportunity to the petitioner and other interested persons, within the time frame stipulated by this Court."

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3. Heard the learned counsels on either sides and carefully perused the materials available on record.

4. The petitioner's patta bearing Patta Nos.1323 and 1077 with respect to the land in Survey Nos.150/6, 151/2B and 151/2A, came to be cancelled by the impugned order dated --.03.2020, without putting the petitioner on notice.

5. Since the said exercise will amount to violation of principle of natural justice, this Court is setting aside the impugned order and remand the same back to the third respondent with a specific direction to issue notice on the petitioner and other interested parties, and give them an opportunity of hearing and thereafter, pass an appropriate orders in accordance with law.

6. With the above said direction, this Writ Petition is disposed of. There shall be no order as to the costs. Consequently, connected miscellaneous petition is closed.

20.01.2025 NCC : Yes / No Index : Yes / No jbr 3/5

TO:-

1. The District Collector, Tiruchirapalli.

2. The District Revenue Officer, District Collectorate, Tiruchirapalli.

3. The Revenue Divisional Officer, District Collectorate, Tiruchirapalli.

4. The Tahsildhar, Srirangam Taluk, Tiruchirapalli.

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L.VICTORIA GOWRI, J.

jbr Order made in Dated 20.01.2025 5/5