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2024 DAILYLAW 4894 (MAD)

M.DIVYA v. THE DISTRICT COLLECTOR

WP/12732/2024 · 2026-07-13

Hemant Chandangoudar

Transfer Petitionbody2024

Judgment text

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W.P.No.12732 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13.07.2026 CORAM THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR W.P.No.12732 of 2024 and WMP.Nos.13897 & 18816 of 2024 M.Divya Petitioner(s) Vs. 1.The District Collector Cuddalore District. 2.Additional Collector (Development Work)/ Project Director District Rural Development Agency Cuddalore & District. 3.The Tahsildar Tittagudi Taluk Cuddalore District. 4.The Block Development Officer Nallaur Panchayat Union Cuddalore District. Respondent(s) Prayer: This Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records pertaining to the impugned orders issued by the fourth respondent in his proceedings in ref No.Na.Ka.En:A2/0568/2022 dated 14.03.2024 and quash the same as illegal, arbitrary and violative of audi alteram partem. 1/5 https://www.mhc.tn.gov.in/judis W.P.No.12732 of 2024 For Petitioner : Mr.R.Veeramani For Respondents : Mr.M.Sivavarthanan Government Counsel ORDER The petitioner has challenged the communication dated 14.03.2024 issued by the fourth respondent, by which the allotment of a free house bearing No.29 under the “Periyar Ninaivu Samathuvapuram” Scheme was cancelled. 2. The reason given for cancelling the allotment is that the petitioner already owns a house and land in the village and is, therefore, not eligible to receive a house under the scheme. 3. Heard the learned counsel appearing on either side. 4. It is not in dispute that the petitioner was not issued any notice or given an opportunity of hearing before the allotment was cancelled. The cancellation was therefore made in violation of the principles of natural justice. On this ground alone, the impugned communication cannot be sustained. 2/5 https://www.mhc.tn.gov.in/judis W.P.No.12732 of 2024 5. Accordingly, the writ petition is allowed and the communication dated 14.03.2024 issued by the fourth respondent is set aside. The impugned communication shall be treated as a show cause notice. The petitioner shall submit a reply within two weeks from the date of receipt of a copy of this order. On receipt of the reply, the first respondent shall consider the same on its own merits and pass appropriate orders in accordance with law within four weeks thereafter. There shall be no order as to costs. Consequently, the connected miscellaneous petitions are closed. 13.07.2026 Index : Yes/No Speaking order : Yes/No dna 3/5 https://www.mhc.tn.gov.in/judis W.P.No.12732 of 2024 To 1.The District Collector Cuddalore District. 2.The Additional Collector (Development Work)/ Project Director District Rural Development Agency Cuddalore & District. 3.The Tahsildar Tittagudi Taluk Cuddalore District. 4.The Block Development Officer Nallaur Panchayat Union Cuddalore District. 4/5 https://www.mhc.tn.gov.in/judis W.P.No.12732 of 2024 HEMANT CHANDANGOUDAR.J., dna W.P.No.12732 of 2024 and WMP.Nos.13897 & 18816 of 2024 13.07.2026 5/5 https://www.mhc.tn.gov.in/judis