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  4. 2024/
  5. June

Divya.s vs. the Revenue Divisional Officer

Decided on 28 June 2024• Citation: WP(MD)/16740/2021• Madras High Court
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                                                          W.P(MD)No.16740 of 2021 
               BEFORE  THE MADURAI   BENCH  OF MADRAS   HIGH COURT                
                                 DATED : 28.06.2024                               
                                     CORAM   :                                    
                THE HONOURABLE    MR.JUSTICE   K.MURALI  SHANKAR                  
                              W.P(MD)No.16740 of 2021                             
                                        and                                       
                         W.M.P(MD)Nos.13630 and 13634 of 2021                     
          S.Divya                                           : Petitioner          
                                        Vs.                                       
          1.The Revenue Divisional Officer,                                       
           Dindigul, Dindigul District.                                           
          2.The Tahsildar,                                                        
           East Dindigul,                                                         
           Dindigul District.                                                     
          3.K.Suresh Babu                                   : Respondents         
          PRAYER:  Writ Petition filed under Article 226 of the Constitution of India,
          praying this Court to issue a Writ of certiorari, to call for the records relating to
          the impugned proceedings, dated 04.08.2021 in Na.Ka.No.4349/2021/As4    
          issued by the first respondent and quash the same.                      
                    For Petitioner : Mr.M.P.Senthil,                              
                    For Respondents : Mr.A.K.Manikkam,                            
                                   Special Government Pleader for R1 and R2.      
                                   : Mr.M.S.Jeyakarthik, for R3.                  
          1/4                                                                     
  https://www.mhc.tn.gov.in/judis                                                 

                                                          W.P(MD)No.16740 of 2021 
                                     O R D E R                                    
               This Writ Petition is directed against the enquiry notice, dated 04.08.2021
          issued by the second respondent, directing the petitioner to appear for an
          enquiry scheduled on 23.08.2021 in respect of the petition given by the third
          respondent.                                                             
               2. The learned counsel for the petitioner would submit that the third
          respondent has challenged the legal heir certificate issued to the petitioner. He
          would further submit that they are disputing the jurisdiction of the second
          respondent in deciding the above aspect.                                
               3. The learned Special Government Pleader appearing for the State would
          submit that since the writ petition is filed challenging the enquiry notice, the
          petitioner as well as the third respondent are to be directed to appear before the
          concerned authority and to canvass their contentions.                   
               4. Considering the submission made by the learned counsel on either side,
          the second respondent is directed to issue fresh enquiry notice to the petitioner
          as well as the third respondent and on receipt of the same, the petitioner as well
          as the third respondent are directed to appear before the second respondent and
          2/4                                                                     
  https://www.mhc.tn.gov.in/judis                                                 

                                                          W.P(MD)No.16740 of 2021 
          to canvass their contentions including the point of jurisdiction and on such
          appearance, the second respondent is directed to proceed further and pass orders
          in accordance with law within a period of eight weeks from the date of receipt of
          copy of this order. Consequently, connected Miscellaneous Petitions are closed.
          No costs.                                                               
                                                  28.06.2024                      
          NCC   :Yes/No                                                           
          Index :Yes/No                                                           
          Internet :Yes/ No                                                       
          das                                                                     
          To                                                                      
          1.The Revenue Divisional Officer,                                       
           Dindigul, Dindigul District.                                           
          2.The Tahsildar,                                                        
           East Dindigul,                                                         
           Dindigul District.                                                     
          3/4                                                                     
  https://www.mhc.tn.gov.in/judis                                                 

                                                          W.P(MD)No.16740 of 2021 
                                                   K.MURALI  SHANKAR,   J         
                                                                      DAS         
                                                              Order made in       
                                                   W.P(MD)No.16740 of 2021        
                                                                      and         
                                       W.M.P(MD)Nos.13630 and 13634 of 2021       
                                                          Dated : 28.06.2024      
          4/4                                                                     
  https://www.mhc.tn.gov.in/judis