Kulandaivel P v. The District Collector
Case brief
What is this about?
In a writ petition under Article 226, the Madurai Bench of Madras High Court set aside an order cancelling a purchaser's sale deed and remanded it for fresh enquiry after notice, noting the petitioner claimed evasion of earlier notice.
What did the court decide?
Impugned order set aside and matter remanded for fresh consideration after providing opportunity of hearing to the petitioner. Decision to be taken within twelve weeks.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP(MD)No.2669 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 19.09.2023
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
WP(MD)No.2669 of 2023 and WMP(MD) Nos.2436, 2437 & 14202 of 2023
P.Kulandaivel ... Petitioner
Vs
1.The District Collector, Tenkasi District, Tenkasi.
- 2.The Revenue Divisional Officer, Sankarankovil Division, Tenkasi District.
3.The Tahsildar, Sivagiri Taluk, Tenkasi District.
- 4.The Inspector of Police (Anti Land Grab Cell), Tenkasi,
Tenkasi District.
Issues for consideration
3 issues framed by the court
Whether a direction to cancel a sale deed can be passed without providing an opportunity of hearing to the purchaser when the petitioner claims he was the victim of instigation.
Whether the petitioner deliberately evaded service of a notice issued for an enquiry regarding the cancellation of the sale deed.
Whether the impugned order setting aside the order cancelling the sale deed and remanding the matter for fresh consideration with an opportunity of hearing is correct.
Parties & counsel
- petitioner
P. Kulandaivel
- respondent
Gomathiammal
- respondent
The District Collector, Tenkasi District
- respondent
The Revenue Divisional Officer, Sankarankovil Division
- respondent
The Tahsildar, Sivagiri Taluk
- respondent
Case details
As recorded by the court registry
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