Murali Vs The District Special Deputy Collector… — Writ and Judicial Review | Madras HC (2025)

Murali Vs The District Special Deputy Collector… — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of at the admission stage: impugned order dated 15.07.2025 in Ni.Mu. No.9379/2023/Aa3 set aside; matter remanded to the Revenue Divisional Officer, Tirunelveli District, to hear the petitioners after giving notice to the concerned parties; no order as to costs; connected miscellaneous petitions WMP(MD) Nos.25089, 25091 and 25092 of 2025 closed.

Issue for consideration

Whether the impugned order dated 15.07.2025 of the first respondent cancelling the patta standing in the names of the petitioners, passed without serving notice on them, is illegal and liable to be quashed by a writ of certiorari under Article 226 of the Constitution of India.

Court's answer

The principles of natural justice require that notice be served upon the petitioners before cancellation of a patta standing in their names.

Ratio / Principle

Since no notice had been issued before cancelling the patta standing in the names of the petitioners - a fact fairly conceded by the learned Additional Government Pleader for respondents 1 and 2 - the impugned order is set aside.

Key takeaways

The matter is remanded to the Revenue Divisional Officer, Tirunelveli District, for the purpose of hearing the petitioners, after giving notice to the concerned parties.ratio¶30

Detailed headnote1 paragraphs

Madras High Court (Madurai Bench), K. Surender, J. - Writ petition under Article 226 by Murali, Annalakshmi and Murugabhagavathi challenging the order dated 15.07.2025 of the first respondent (District Special Deputy Collector/Sub Collector, Cheranmahadevi, Tirunelveli District) in Ni.Mu. No.9379/2023/Aa3 cancelling their patta, passed on the third respondent's application for cancellation of the fourth respondent's patta. Held: principles of natural justice require notice to be served on the patta holders before cancellation of a patta standing in their names; the learned Additional Government Pleader for respondents 1 and 2 fairly conceded that no notice had been issued before the cancellation. The impugned order was accordingly set aside and the matter remanded to the Revenue Divisional Officer, Tirunelveli District, for hearing the petitioners after giving notice to the concerned parties. The writ petition was disposed of at the admission stage with both parties present; no order as to costs; connected miscellaneous petitions closed.

WP(MD). No.31900 of 2025

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT

DATED: 02.12.2025

CORAM

THE HONOURABLE MR. JUSTICE K.SURENDER

W.P.(MD)No.31900 of 2025 and WMP(MD) Nos.25089, 25091 and 25092 of 2025

Murali 2. Annalakshmi 3. Murugabhagavathi ... Petitioners

Vs

The District Special Deputy, Collector (Land Acquisition), Highways Cum Sub Collector (In Charge), Cheranmahadevi, Tirunelveli District..

The Tahsildar, Radhapuram Taluk, Tirunelveli District..

Perumal, S/o. Arirama Nadar, 670/1, Middle Street, Anaikulam, Radhapuram Taluk, Tirunelveli District..

Thomas, S/o. Savarimuthu Nadar, South Street, Anaikulam,Radhapuram Taluk, Tirunelveli District. ... Respondents

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WP(MD). No.31900 of 2025

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 pertaining to the impugned order of the 1st respondent in Ni.Mu. No.9379/2023/Aa3 dated 15.07.2025, quash the same as illegal.

For Petitioner : Mr.P.Suresh For Respondents : Mr.D.Sadhiq Raja for R1 and R2 Addl. Govt. Pleader Mr..S.Muthumalairaja for R3

O R D E R

The writ petition is filed challenging the impugned order of the 1^st respondent in Ni.Mu. No.9379/2023/Aa3 dated 15.07.2025.

Both parties are present and by considering their arguments, this Writ Petition is disposed of at the admission stage itself.

On an application made by the third respondent for cancellation

of patta of the 4 th respondent, the impugned order came to be passed cancelling the patta of the petitioners.

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WP(MD). No.31900 of 2025

4. The principles of natural justice requires a notice to be served

upon the petitioners in the event of cancellation of patta, which are standing in their name.

5. The learned Additional Government Pleader for the respondents

1 and 2 fairly concedes that no notice was issued before cancelling the patta standing in the names of the petitioners.

6. In the said circumstances, the impugned order is set aside and the matter is remanded back to the Revenue Divisional Officer, Tirunelveli District, for the purpose of hearing the petitioners, after giving notice to the concerned parties.

7. With the above observation and direction, this Writ Petition is

disposed of. There shall be no order as to costs. Consequently connected Miscellaneous Petitions are closed.

(K.SURENDER, J.) 02.12.2025

NCC : Yes/No Index : Yes/No

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WP(MD). No.31900 of 2025

K.SURENDER, J.

RR

To

The District Special Deputy, Collector (Land Acquisition), Highways Cum Sub Collector (In Charge), Cheranmahadevi, Tirunelveli District..

The Revenue Divisional Officer, Tirunelveli District

3.The Tahsildar, Radhapuram Taluk, Tirunelveli District..

W.P (MD) No.31900 of 2025

02.12.2025

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