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Madras High CourtWP/14959/2026disposed of

Saaliheen Educational And Charitable Trust v. The State Of Tamil Nadu

2026-04-28Honourable Mr Justice Abdul Quddhose6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28-04-2026

CORAM

THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE AND WMP NO. 16184 OF 2026

1. Saaliheen Educational and Charitable Trust Rep. by its Chairman, M.Abdul Rahman, No. 41/ 20 Mohamed Hussain Street, Royapettah, Chennai 14 Petitioner(s) Vs

1. The State of Tamil Nadu Rep . by its Secretary, Department of Revenue, Fort St.George, Chennai Tamil Nadu 600 014 2.The collector Cuddalore district, Cuddalore 606 001 3.The Revenue Divisional officer Virudhachalam Sub division, Cuddalore 606 001 4.V.Senthilvel B.Lit., The Tahsildar Veppur Virudhachalam , Cuddalore 606 001 5.The Sub Registrar Nallur - Virudhachalam , Cuddalore 606 001 Respondent(s) PRAYER Calling for the records relating to the impugned order with Na.Ka.A4/ 1303/ 2025 dated 3.10.2025 issued by the 3rd respondent and to quash the same

For Petitioner(s):

Mr.Sivanandaraj Senior Counsel for M/S.Akhil Akbar Ali Associates Akhil Akbar Ali For Respondent(s):

Mr.D.Ravichander, SGP For R1 to R3 and R5 ND/W -R4 -Pvt

ORDER

This writ petition has been filed, challenging the impugned order dated 03.10.2025 issued by the third respondent, cancelling the earlier assignment granted to the petitioner's vendor.

2. The petitioner has challenged the impugned order on the ground that the impugned order has been passed in violation of the principles of natural justice as the petitioner was not afforded any opportunity of hearing prior to the passing of the impugned order dated 03.10.2025 and the impugned order dated 03.10.2025 is a non speaking order with regard to the contentions of the petitioner as raised in this writ petition.

3. As seen from the impugned order, neither the petitioner's vendor, who was the original assignee nor the petitioner was put on notice by the third respondent prior to the passing of the impugned order dated 03.10.2025 under which the assignment granted to the petitioner's vendor has been cancelled on account of violation of the assignment conditions. The petitioner who is the

subsequent purchaser of the property, subsequent to the assignment granted in favour of the petitioner's vendor, is also having a patta for the subject property in its name.

4. As seen from the impugned order dated 03.10.2025, the petitioner's contentions as raised in this writ petition along with the petitioner's supporting documents have not been considered by the third respondent. The petitioner was also not afforded any opportunity of hearing by the third respondent prior to passing of the impugned order dated 03.10.2025.

5. Since the impugned order dated 03.10.2025 is a non-speaking order and is an order passed in violation of the principles of natural justice, necessarily, the impugned order dated 03.10.2025 has to be quashed and the matter has to be remanded back to the third respondent for fresh consideration on merits and in accordance with law.

6. Accordingly, the impugned order dated 03.10.2025 issued by the third respondent is hereby quashed and the matter is remanded back to the third respondent for fresh consideration on merits and in accordance with law. The petitioner shall submit a written explanation to the third respondent along with supporting documents, stating as to why the assignment granted in favour of the petitioner's vendor cannot be cancelled by the third respondent within a period

of two weeks from the date of receipt of a copy of this order. On receipt of the same, within the stipulated time, the third respondent after giving due consideration to the written explanation submitted by the petitioner and the supporting documents produced by the petitioner and after affording one opportunity of personal hearing to the petitioner, shall take a final decision as to whether the assignment granted in favour of the petitioner's vendor has to be cancelled or not within a period of eight weeks thereafter.

7. In case, the third respondent decides to cancel the assignment standing in the name of the petitioner's vendor, the third respondent shall pass a speaking order, after giving due consideration to the contentions of the petitioner as well as the supporting documents produced by the petitioner.

8. With the aforesaid directions, this writ petition is disposed of. No Costs. Consequently, connected miscellaneous petition is closed. 28-04-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes ab

To 1.The State of Tamil Nadu Rep . by its Secretary, Department of Revenue, Fort St.George, Chennai Tamil Nadu 600 014 2.The collector Cuddalore district, Cuddalore 606 001 3.The Revenue Divisional officer Virudhachalam Sub division, Cuddalore 606 001 4.The Sub Registrar Nallur - Virudhachalam , Cuddalore 606 001

ABDUL QUDDHOSE J.

ab AND WMP NO. 16184 OF 2026 28-04-2026