K KODEESWARAN Vs. DISTRICT COLLECTOR, PUDUKKOTTAI DISTRICT

JUDGEMENT

(1.) This appeal is against an order dated 28th April 2017 passed by the learned Single Bench dismissing the writ petition being W.P.(MD) No.8411 of 2017, on the sole ground of existence of an alternative remedy of appeal.

(2.) In the writ petition, the petitioner had challenged an order dated Nil February 2017, cancelling the joint patta No.241 in respect of Survey No.58/3D1 in Kambar Kovil Village, Manamelkudi Taluk, Pudukkottai District.

(3.) It appears that notice was issued on 31.01.2017 for hearing at 11.00 a.m., on 02.02.2017 and on that day, an exparte order was passed. There is nothing to show that the notice was actually served. In any case, notice of less than 48 hours is, in our view, far too insufficient and no notice in the eye of law. The impugned order appears to be in violation of principles of natural justice, no effective opportunity of hearing having been given to the writ petitioner.