Arunprasath Vs The District Revenue Officer — Writ and Judicial Review | Madras HC (2025)

Arunprasath Vs The District Revenue Officer — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of: impugned order dated 25.11.2024 set aside and matter remitted to the third respondent for fresh consideration after hearing the petitioner and respondents 4 to 7, to be completed within eight weeks; no costs; connected miscellaneous petition closed.

Issue for consideration

Whether the impugned order cancelling the petitioner's patta, passed without issuing any notice to the writ petitioner, violates the principles of natural justice.

Court's answer

The impugned order cancelling the patta was passed without issuing any notice to the writ petitioner, thereby violating the principles of natural justice.

Ratio / Principle

On the limited ground of violation of natural justice, and without going into the merits and demerits of the case of the petitioner and the private respondents, the impugned order is set aside and the matter is remitted back to the third respondent for fresh consideration of the fourth respondent's application.

Key takeaways

Fresh consideration shall take place after hearing the petitioner as well as respondents 4 to 7, and orders shall be passed on merits and in accordance with law.ratio¶29
The fresh exercise shall be completed within a period of eight weeks from the date of receipt of a copy of the order.ratio¶29

Detailed headnote1 paragraphs

Madras High Court (Madurai Bench), P.B. Balaji, J., disposed of a writ petition under Article 226 seeking a Writ of Certiorarified Mandamus to quash the Tahsildar, Thiruvidaimaruthur Taluk's order in D.r.No.2024/0103/21/455967/TR dated 25.11.2024, whereby the patta standing in the petitioner's name was unilaterally cancelled and mutated in favour of private respondents 4 to 7. Holding that the impugned order was passed without issuing any notice to the writ petitioner and thereby violated the principles of natural justice, the Court, on that limited ground and without entering into the merits, set aside the impugned order and remitted the matter to the third respondent for fresh consideration of the fourth respondent's application after hearing the petitioner and respondents 4 to 7, directing completion within eight weeks. No costs; connected miscellaneous petition closed.

W.P.(MD)No.4624 of 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 20.02.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI

W.P.(MD)No.4624 of 2025 and W.M.P.(MD).No.3315 of 2025

Arunprasath

... Petitioner

/Vs./

The District Revenue Officer, Thanjavur, Thanjavur District.

The Sub Collector, Kumbakonam, Thanjavur District.

The Tahsildar, Thiruvidaimaruthur Taluk, Thanjavur District.

R.Narayanasamy

Malathi

Rama Balakrishnan

Kamatchi Raman ... Respondents

https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.4624 of 2025

PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the third respondent by his proceedings in D.r.No.2024/0103/21/455967/TR dated 25.11.2024 and quash the same and consequently direct the third respondent to restore the patta in favour of the petitioner and his brother.

For Petitioner : Mr.G.Karnan

For Respondent Nos.1 to 3 : Mr.B.Saravanan Additional Government Pleader

ORDER

The petitioner has filed the instant writ petition, challenging the unilateral cancellation of patta standing in his name and consequently mutating patta in the name of private respondents 4 to 7.

I going through the impugned order and I find that the impugned order has been passed without issuing any notice to the writ petitioner, thereby violating the principles of natural justice.

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https://www.mhc.tn.gov.in/judis

W.P.(MD)No.4624 of 2025

On this limited ground, without going into the merits and demerits of the case of the petitioner and all the private respondents, the impugned order is set aside and the matter is remitetd back to the third respondent for fresh consideration of the application of the fourth respondent, after hearing the petitioner as well as the respondents 4 to 7 and pass orders on merits and in accordance with law. The said exerise shall be completed within a period of eight weeks from the date of receipt of a copy of this order.

With the above said directions, the Writ Petition is disposed of.

No costs. Consequently, connected miscellaneous petition is closed.

Index : Yes / No 20.02.2025 NCC : Yes / No gvn

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https://www.mhc.tn.gov.in/judis

W.P.(MD)No.4624 of 2025

P.B. BALAJI, J.

gvn

TO:-

The District Revenue Officer, Thanjavur, Thanjavur District.

The Sub Collector, Kumbakonam, Thanjavur District.

The Tahsildar, Thiruvidaimaruthur Taluk, Thanjavur District.

Order made in W.P.(MD)No.4624 of 2025

Dated: 20.02.2025

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https://www.mhc.tn.gov.in/judis