In this writ petition challenging a demand notice over patta land, the High Court of Madras applied the ratio of a First Bench order to dispose of the petition without costs.
Writ petition disposed in terms of the order in batch W.A.No.671 of 2020 dated 15.02.2024. No costs. Connected miscellaneous petition closed.
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.
2024:MHC:1244
W.P.No.1654 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.03.2024
CORAM :
THE HONOURABLE DR.JUSTICE ANITA SUMANTH
W.P.No.1654 of 2024
and
W.M.P.No.1687 of 2024
C.Sivakumar
.. Petitioner
vs
Fort St.George, Chennai – 600 009.
.. Respondents
Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorari to call for the records relating to
the impugned demand notice of 3rd respondent bearing Rc.No.70/G&M/2019 dated 21.08.2019 with reference to the patta
land over an extent of 1.97.5 Hectares in S.F.Nos. 131/6B, 132/13,
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W.P.No.1654 of 2024
132/14, 132/15, 132/16, 132/17, 132/18A, 132/18B, 132/19, 132/20 and 267/1 in Karai (East) Village, Kunnam Taluk, Prambalur District, quash the same.
For Petitioner : Mr.V.Sanjeevi
For Respondents : Mr.E.Vijay Anand Additional Government Pleader
ORDER
Both learned counsel would accede to the position that the ratio of the order of the First Bench passed in W.A.No.671 of 2020 etc batch dated 15.02.2024 will apply on all fours to the present case as well. Thus, the directions at paragraph 28 of order dated 15.02.2024 are extracted below:-
“28. In the result, we pass the following orders:
(i) The impugned order passed by the learned Single Judge at the Principal Seat is quashed and set aside;
(ii) The impugned orders/memos imposing 100% penalty/cost upon the appellants/petitioners shall be construed as show-cause notices;
(iii) The appellants/petitioners shall file reply to the said show-cause notices, along with all the relevant documents on which they rely, within a period of four weeks from today; and
(iv) The authority shall consider the reply filed by the appellants/petitioners individually and pass fresh orders with regard to imposing of penalty/cost or otherwise.”
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W.P.No.1654 of 2024
passed in the present writ petition as well.
11.03.2024
Index:Yes/No Neutral Citation:Yes ssm
To
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W.P.No.1654 of 2024
DR. ANITA SUMANTH,J.
ssm
W.P.No.1654 of 2024
11.03.2024
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2 issues framed by the court
Whether the ratio of the First Bench order in W.A.No.671 of 2020 applies to the present writ petition.
Whether the writ petition challenging the demand notice should be disposed of in terms of the earlier order.
Colour shows how this judgement treated each authority
W.A.No.671 of 2020 etc batchApplied¶29
2 provisions across 1 enactments
C.Sivakumar
Government of Tamil Nadu
Anita Sumanth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
