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2014 DIGILAW 2069 (MAD)

Devi v. Revenue Divisional Officer, Madurai

2014-07-11

T.S.SIVAGNANAM

body2014
Judgment In these writ petitions, the petitioners challenges the order passed by the first respondent dated 28.09.2011. 2. By the said order the assignment pattas granted in favour of the petitioners were cancelled and the same impugned order is subject to the matter in W.P(MD)No.12699 of 2011 and this Court by an order dated 03.04.2012, allowed the writ petition. The operative portion of the order in paragraphs 4 and 5 reads as follows: "4. In view of the above position, I am of the considered view that the petitioner shall be given an opportunity to appear before the first respondent to prove that she has put up the shed only for living purpose and that she will not convert the same for commercial purpose. 5. In view of the same, the impugned order dated 28.09.2011 passed by the first respondent is liable to be quashed and accordingly quashed. The first respondent is at liberty to send communication to the petitioner within a period of two weeks from the date of receipt of a copy of this order directing her to appear for an enquiry and on doing so, the petitioner shall appear before the first respondent and produce all the documents on the hearing date, which is to be fixed by the first respondent, to establish that she has put up the construction only for living purpose and thereafter, after holding enquiry, the first respondent shall pass appropriate orders within a period of four weeks thereafter. The Writ Petition is allowed to the above extent. No costs. Consequently connected Miscellaneous Petition is closed." 3. When this Court put up a question to the learned Counsel appearing for the petitioners as to why the petitioners approached the Court belatedly. The learned Counsel appearing for the petitioners would submit that the petitioners were not served a copy of the cancellation certificate and after obtaining to get photocopy from their neighbors, the orders were challenged. Therefore, the petitioners are entitled to treated on par with the other petitioners. 4. Accordingly, following the earlier order these writ petitions are allowed and the impugned orders are set aside. Therefore, the petitioners are entitled to treated on par with the other petitioners. 4. Accordingly, following the earlier order these writ petitions are allowed and the impugned orders are set aside. The first respondent is at liberty to send communication to the petitioners within a period of two weeks from the date of receipt of a copy of this order directing them to appear for an enquiry and on doing so, the petitioners shall appear before the first respondent and produce all the documents on the hearing date, which is to be fixed by the first respondent, to establish that they have put up the construction only for living purpose and thereafter, after holding enquiry, the first respondent shall pass appropriate orders within a period of four weeks thereafter. No costs. Consequently connected Miscellaneous Petitions are closed.