Pappa v. The Revenue Divisional Officer,

O R D E R This Writ Petition has been filed challenging the impugned order passed by the first respondent / Revenue Divisional Officer through proceedings in Ne.Mu.a4/6938/2019, dated 05.08.2020.

¶2The case of the petitioners is that they were assigned the lands through the proceedings of the second respondent dated 28.12.2017 in the following manner: Sl.No Beneficiaries Survey No. Extent Ars Patta No.

¶1Pappa (1st Petitioner)

0.48.0 2836

¶2Saroja (2nd Petitioner) 251/2 & 251/4

0.22.0

0.58.5 2839

¶3Manimekalai (3rd Petitioner) 251/5, 251/6, 251/7, 251/8 &

0.05.0,

0.06.5,

0.08.0.

0.06.0,

0.06.0 2840

¶4Revathi (4th Petitioner) 251/10 &

0.06.5.

0.80.5 2837

¶3The grievance of the petitioners is that based on the complaint given by one Karuppaiah, the first respondent had initiated proceedings and had cancelled the assignment without issuing notice to the petitioners and without affording them any opportunity. Aggrieved by the same, the present Writ Petition has been filed before this Court.

¶4Heard the learned counsel on either side.

¶5The impugned proceedings of the first respondent is liable to be interfered by this Court on the ground of violation of principles of natural justice. In this case, no notice was issued to the petitioners and they were not given any opportunity before the assignment was cancelled. In view of the same, the impugned proceedings of the first respondent in Ne.Mu.a4/6938/2019 dated 05.08.2020 is hereby quashed. The matter is remanded back to the file of the first respondent. The first respondent is directed to issue notice to the petitioners and afford them an opportunity and thereafter, pass necessary orders on its own merits and in accordance with law.

¶6In the result, the Writ Petition is allowed with the above directions. No costs.

10.11.2023 NCC:yes/no Index:yes/no Internet:yes/no tsg

N.ANAND VENKATESH, J. tsg To

1.The Revenue Divisional Officer, RDO Office, Pudukottai and District

2.The Tahsildar, Thirumayam Taluk, Pudukottai District.

10.11.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.11.2023 CORAM THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and W.M.P.(MD).Nos.7334, 9552 & 9554 of 2020 1.Pappa 2.Saroja 3.Manimekalai 4.Revathi ... Petitioners Vs 1.The Revenue Divisional Officer, RDO Office, Pudukottai and District 2.The Tahsildar, Thirumayam Taluk, Pudukottai District. ...Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, quashing the order of the 1st respondent passed in order in Ne.Mu.a4/6938/2019 dated 05-08-2020 as arbitrary and illegal. For Petitioners : Mr.R.Paranjothi For R-1 & R-2 : Mr.A.K.Manikkam, Special Government Pleader