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Madras High CourtWP/26294/2025disposed of

Sukanya Rao v. The Revenue Divisional Officer

2025-07-22Honourable Mr.Justice Mohammed Shaffiq6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.07.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ and W.M.P.Nos.29598, 29599 and 29600 of 2025 Sukanya Rao ... Petitioner Vs.

1.The Revenue Divisional Officer, National Highway, Madhuranthakam, Tamil Nadu - 603 306.

2.The Tahsildhar, National Highway, Madhuranthakam, Tamil Nadu - 603 306.

3.The Sub Registrar, Madhurantakam, Office of Sub-Registrar, No.129, Hospital Road, Chinna Colony, Madhuranthakam - 603 306.

4.Velayutham ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus, to call for the records on the file of the 2nd respondent in Proceedings Na.Ka.No.5347/2024/A1 dated 23.04.2025 and to quash the same as illegal, incompetent and without jurisdiction and to further direct the 2nd respondent to restore the patta in the name of the petitioner and her family members in Patta No.1710 and 802.

For Petitioner :

Ms.K.Abhirame for M/s.V.Srimathi For Respondents :

Mr.A.Selvendran Special Government Pleader for R1 to R3 Mr.P.Chandrasekar for R4

O R D E R

By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.

2. This writ petition has been filed seeking issuance of a writ of Certiorarified Mandamus, challenging the order dated 23.04.2025 whereby the patta which was earlier standing in the name of the petitioner along with her sister namely R.Sowmya Rao and R.Sandhya Rao has been cancelled and the patta has been issued in favour of the 4th respondent who according to the petitioner is a stranger, having no right or interest over the subject property.

3. The primary ground on which the impugned order has been challenged is that the petitioner ought to have been put on notice before the order was passed, as it results in serious consequence. It was submitted that the impugned order is in gross violation of principles of natural justice.

4. Heard the learned counsel for the petitioner, the learned Special Government Pleader appearing for the 1st to 3rd respondents and the learned counsel for the 4th respondent.

5. The learned Special Government Pleader would submit that notice would be issued to the petitioner and her sisters viz., R.Sowmya Rao and R.Sandhya Rao. In case, Power of Attorney is produced by the petitioner authorizing her to act on behalf of two sisters then notice shall be issued to the petitioner in respect of the petitioner's sisters as well as Saroja and also to the 4th respondent and orders would be passed after hearing all the parties.

6. In view of the same, the impugned order is thus set aside. The proceedings shall be completed on its own merits and appropriate orders passed in accordance with law within a period of 12 weeks from the date of uploading of the web copy without waiting for the receipt of certified copy, after affording reasonable opportunity of hearing to petitioner's, fourth respondent and any other interested persons. It is made clear that, this Court has not expressed any views with regard to the merits and it is open to the respondent to consider the case on its own merits and in accordance with law.

7. Accordingly, the Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 22.07.2025 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No jas To 1.The Revenue Divisional Officer, National Highway, Madhuranthakam, Tamil Nadu - 603 306.

2.The Tahsildhar, National Highway, Madhuranthakam, Tamil Nadu - 603 306.

3.The Sub Registrar, Madhurantakam, Office of Sub-Registrar, No.129, Hospital Road, Chinna Colony, Madhuranthakam - 603 306.

MOHAMMED SHAFFIQ, J.

jas and W.M.P.Nos.29598, 29599 and 29600 of 2025 22.07.2025