Writ petition under Article 226 challenging Revenue Divisional Officer's order cancelling patta without hearing; court quashed order and remitted for fresh consideration with fair opportunity.
Impugned order set aside; matter remitted to first respondent to pass fresh orders after fair hearing within 12 weeks. ¶25-30
The impugned order passed by the first respondent is set aside on the ground that it was passed without affording an opportunity to the petitioner. The matter is remitted to the first respondent to pass fresh orders after conducting necessary enquiry and affording fair opportunity to all interested parties within twelve weeks. ¶25-29
W.P.(MD)No.27079 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 05.03.2025
CORAM:
THE HONOURABLE MR JUSTICE P.B. BALAJI
W.P.(MD)No.27079 of 2024 and
W.M.P(MD)Nos.22989 & 22990 of 2024
J.Wasim Raja
... Petitioner
/Vs./
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PRAYERRAYER
W.P.(MD)No.27079 of 2024
PRAYERRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the first respondent vide his proceedings in Na.Ka.No.656/2021/A2 dated 14.06.2022 and quash the same as illegal and in furtherance to direct the respondents No.1 and 2 to restore the patta stood in the petitioner's name in respect of the lands in Survey Nos.162/1, 162/2, 683/1, 686/1, 687/1A, 690/2 and 691 at Vedasandur Village, Vedasandur Taluk, Dindigul District and for other reliefs.
For Petitioner : Mr.J.Lawrance For R1 to R4 : Mr.S.Jeyapriya Government Advocate
ORDER
The petitioner challenges the impugned order passed by the first respondent in Na.Ka.No.656/2021/A2, dated 14.06.2022.
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W.P.(MD)No.27079 of 2024
to the first respondent to consider and pass fresh orders based on the available documents and other materials placed by the rival claimants including the fifth respondent, who approached the first respondent by application dated 19.02.2022, and also the writ petitioner and other interested parties, if any. The first respondent shall conduct necessary enquiry and pass final orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order, after affording a fair opportunity to all the interested parties.
Index : Yes / No NCC : Yes / No 05.03.2025 am
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W.P.(MD)No.27079 of 2024
To
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W.P.(MD)No.27079 of 2024
P.B. BALAJI, J.
am
Order made in W.P.(MD)No.27079 of 2024
Dated: 05.03.2025
1 issue framed by the court
Whether the impugned order passed by the first respondent without affording an opportunity to the petitioner is illegal and should be quashed.¶24-25
1 provisions across 1 enactments
How this case reached the court
P.B. Balajiauthor¶4-5
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
