The Madurai Bench allowed the petitioner's writ petition challenging an order that cancelled the petitioner's patta without issue of notice or hearing, holding it a violation of natural justice.
The impugned order is set aside and the patta, which has been cancelled, will revert back prior to the date of the impugned order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P(MD)No.19061 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 28.08.2024
CORAM :
THE HON'BLE MS.JUSTICE P.T.ASHA
W.P(MD)No.19061 of 2024 and W.M.P(MD)Nos.16138 and 16140 of 2024
P.S.M.Ahamed Abdul Kadir ... Petitioner
Vs
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the
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records relating to the impugned order, dated 26.09.2023 in A1/2579/2023 passed by the second respondent and quash the same.
For Petitioner : Mr.J. Barathan
For R1 to R3 : Mr.B.Saravanan Additional Government Pleader For R6 : Mr.S.M.A.Jinna For R4 & R5 : No Appearance
O R D E R
This writ petition has been filed seeking to quash the impugned order, dated 26.09.2023 in A1/2579/2023 passed by the second respondent.
2.The grievance of the petitioner is that the impugned order has
been passed on the strength of the orders passed in W.P(MD)No.8290 of 2024 filed by the respondents 4 and 5 through the power agent/sixth respondent seeking a mandamus directing the District Collector, Ramanathapuram and the second respondent to take action against the third respondent for not conducting proper enquiry for the transfer of patta and to direct him to change the patta after conducting proper enquiry. A mandamus was issued by orders of this Court, dated
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02.04.2024, however, no notice was issued to the petitioner though the patta stands in the name of the petitioner, without notice the patta has been cancelled by the impugned order. The petitioner has not even been heard before the cancellation. Therefore, the petitioner has come forward with the writ petition seeking to quash the impugned order.
3.Admittedly, the impugned order has been passed without issuing
notice to the petitioner and without hearing him. Therefore, in the light of the violation of principles of natural justice, this writ petition is allowed. No costs. Accordingly, the impugned order is set aside and the patta, which has been cancelled will revert back prior to the date of the impugned order.
4.Consequently, the connected miscellaneous petitions are closed.
28.08.2024
Internet :Yes Index :Yes/No NCC :Yes/No LR
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To
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W.P(MD)No.19061 of 2024
P.T.ASHA, J.
LR
W.P(MD)No.19061 of 2024
28.08.2024
2 issues framed by the court
Whether the quashing of a patta order without issuing notice to the owner violates the principles of natural justice?
Whether the withdrawal of patta in favor of the petitioner was challenged on the grounds of lack of prior hearing?
2 provisions across 1 enactments
P.S.M. Ahamed Abdul Kadir
The District Revenue Officer, Ramanathapuram
The Revenue Divisional Officer, Ramanathapuram
The Tahsildar, Keelakkarai Taluk, Ramanathapuram District
Mohaideen Abdul Kathar
Sehu Yusuf Nachiyar
P.T. Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
