Fortland Developers Private Ltd v. District Collector, Collectorate Office
2014-07-11
T.S.SIVAGNANAM
body2014
DigiLaw.ai
Judgment 1. In these writ petitions, the petitioners challenges the order passed by the third respondent dated 21.08.2013 by which the patta granted to the petitioners has been cancelled without notice to the petitioners. 2. In the affidavit filed in support of these writ petitions various factual averments and the details have been given. The pendency of the civil suit and other matters pertaining to the title of the petitioners. 3. In the light of the grounds raised by the petitioners in these writ petitions, these questions need not gone into at this stage. The respondents 4 to 6 have been served and their names are also printed in the cause-list, none appeared either in person or through Counsel. 4. The short question involved in these writ petitions is whether the impugned order has been passed by the third respondent without issuing any notice or opportunity. 5. On a perusal of the impugned order, it is seen that the impugned order has been passed, after obtaining the legal opinion from the Government Advocate, Manamadurai on 06.05.2013, based on the civil Court Judgment. Though there is a decision by the civil Court and the opinion has been given by the learned Government Advocate, the third respondent namely Tahsildar, Thiruppuvanam Taluk, Sivagangai, without issuing notice to the petitioners cannot effect mutation of revenue records. Hence, the petitioners are entitled to succeed on this technical ground and accordingly, these writ petitions are allowed and the impugned order of the third respondent is set aside and the matters are remanded back to the third respondent for fresh consideration. The third respondent shall issue notice to the petitioners as well as to the private parties who impleaded as respondents 4 to 6 in these writ petitions and they are to be heard by affording opportunity before passing any order. Consequently, the connected Miscellaneous petitions closed. No costs.