Allowed

Vajreshwari v. The Revenue Divisional Officer

Madras HC24 Jul 2024WP(MD)/5893/2024

Case brief

AI extract

What is this about?

The High Court set aside an impugned revenue order that reduced the petitioner's land extent in the patta without notice, holding it violated natural justice. The matter was remitted to the Revenue Divisional Officer to issue fresh notice and pass a fresh order on merits within three months.

What did the court decide?

Impugned order setting aside and remission to Revenue Divisional Officer for fresh decision after notice.

Vajreshwari Vs The Revenue Divisional Officer — Landlord and Tenant | Madras HC (2024)

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W.P(MD)No.5893 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 24.07.2024

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CORAM

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THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

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W.P(MD)No.5893 of 2024 and

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W.M.P(MD)Nos.5548 to 4450 of 2024

Vajreshwari

... Petitioner

Vs.

1.The Revenue Divisional Officer, Illupur, Pudukkottai District.

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2.The Tahsildar, Viralimalai Taluk, Pudukkottai District.

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3.Saravanan

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4.R.Logaiah ... Respondents

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Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned proceedings issued by the first respondent in Na.Ka./A3/3191/2023 dated 06.11.2023 and quash the same on the ground that the same is arbitrary, illegal and without any legal basis, as null and void and consequently directing the respondents 1 and 2 to restore the patta infavour of the petitioner in connection with property 1/4

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.5893 of 2024

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comprised in Survey No. 139/2A to an extent of 0.40.50 Ares situated at Vadukapatti Village, Viralimalai, Illupur Taluk, Pudukkottai District.

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For Petitioner : Mr.G.Mathavan For Respondents : Mr.K.Balasubramani Special Government Pleader for R.1 & R.2 Mr.R.Paranjothi for M/s.KBS Law Office for R.3

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Mr.S.T.Sasidharan Tamilkani for R.4

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ORDER

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Heard both sides.

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2.The impugned order is set aside one on the sole ground of violation of principles of natural justice. Patta stood in the name of the petitioner herein, namely, Vajreshwari. By the impugned order, the extend of the petitioner's land has been reduced from 0.40.5 HAC to 0.29.5 HAC. Such a reduction could not have been made without putting the petitioner on notice.

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3.Therefore, the matter is remitted to the file of the first respondent. The first respondent will issue fresh notice to the petitioner

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2/4

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.5893 of 2024

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as well as the private respondents and other stakeholders if any and pass

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an order afresh on merits and in accordance with law. This exercise shall

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be completed by the first respondent within a period of three months from the date of receipt of a copy of this order.

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4.This writ petition is allowed accordingly. There shall be no order as to

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costs. Consequently, connected miscellaneous petitions are closed.

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24.07.2024

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NCC : Yes / No Index : Yes / No Internet : Yes / No MGA

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1.The Revenue Divisional Officer, Illupur, Pudukkottai District.

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2.The Tahsildar, Viralimalai Taluk, Pudukkottai District.

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https://www.mhc.tn.gov.in/judis

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3/4

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W.P(MD)No.5893 of 2024

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G.R.SWAMINATHAN,J.

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MGA

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W.P(MD)No.5893 of 2024

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24.07.2024

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https://www.mhc.tn.gov.in/judis

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Vajreshwari v. The Revenue Divisional Officer

Case brief

What is this about?

What did the court decide?

Vajreshwari v. The Revenue Divisional Officer

Case brief

What is this about?

What did the court decide?

What the court decided

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