M/S. Ferromax Foundries India Private Limited, v. The District Collector,
WP NO. 29830 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08-08-2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ WP NO. 29830 of 2025 & WMP.Nos.33454, 33455 and 33457 of 2025 M/s. Ferromax Foundries India Private Limited, Rep. by its Authorized Signatory Mr.R. Satheeshkumar, Having its office at D.No.95/A1, Cluster Park-1, Cosmafan Foundry, Arasur, Coimbatore 641 407 Petitioner(s) Vs
1. The District Collector, Collectorate Buildings, Karuppagaundapalayam, Tiruppur District 641 604.
2. The District Revenue Officer, Tiruppur District 641 601.
3. The Revenue Divisional Officer, Udumalpet, Tiruppur District - 642 126.
4. The Tahsildar, Kuttaithidal, Udamalpet Taluk, Tiruppur District - 642 126.
5. M/s. Safvolt Switchgears Private Ltd., Rep By Its Managing Director, G.Vijayakumar, S/o. Ganapathiappan.
No. 7/174, Vellanaipatti Village, Kalapatti Via, Annur Taluk, Coimbatore District.
V. Vengadapathy ..Respondent(s) Prayer: Writ Petition filed under Art.226 of the Constitution of India praying for issuance of Writ Certioraified Mandamus to call for the records of the impugned order passed by the 3rd respondent vide Ni.Mu.No.2395/2024/A3 dated 07.02.2025 and consequently direct the 4th respondent to issue fresh patta in favour of the petitioner to the property situated in S.No.521/3, situated at Andiyagoundanur 2 village, Udumalaipettai Sub Registration Circle, Tiruppur Registration District to an extent of 3.30 acres as per the registered sale deed in Doc.No.229 of 2022 dated 06.01.2022.
For Petitioner(s) : Mr. Naveen Kumar Murthi for Mr.M. Mahamani For Respondent(s) : Mr.P.Sathish, AGP for R1 to R4
ORDER
By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself. In view of the order that this Court proposes to pass and also the limited relief that is sought to be granted, notice to the Respondents 5 and 6 is dispensed with.
2. The present writ petition is filed challenging the impugned proceedings of the 3rd respondent dated 07.02.2025, whereby patta which stood in the name of the petitioner was cancelled in respect of the property comprised in S.No.521/3 situated at Andiyagoundanur 2 Village, Udumalaipettai Sub Registration Circle, Tiruppur Registration District measuring an extent of 3.30 acres and for consequential direction to 4th respondent to issue fresh patta in favour of petitioner in respect of the
subject property.
3. It is submitted by the learned counsel for the petitioner that patta in respect of the subject property which originally stood in the name of the petitioner stands mutated in the name of the 5th and 6th respondents vide impugned order. It is further submitted that the petitioner was neither put on notice, nor afforded an opportunity of hearing by the 3rd respondent before passing the impugned order and hence the entire proceedings is in gross violation of principles of natural justice and the same is liable to be set aside.
4. When this being pointed out, the learned Addl. Govt. Pleader appearing for the respondents 1 to 4, would submit that petitioner may be right in his submission that the impugned proceedings has been passed without even affording an opportunity of hearing to the petitioner. He would further submit that they would re-do the entire exercise after issuing notice and affording an opportunity of hearing to petitioner, respondents 5 and 6 and other interested parties, if any and pass appropriate orders within a time frame to be fixed by this Court, which was agreed to by the learned counsel for the petitioner.
5. In view of the above, this court is inclined to dispose of the writ petition with
following directions;
i) The impugned order passed by the 3rd respondent is set aside. ii) The 3rd respondent shall redo re-do the entire exercise after issuing notice to petitioner, respondents 5 and 6, and all other interested parties including rival claimants, if any and after affording them an opportunity of hearing, he shall pass orders on merits and in accordance with law within a period of sixteen (16) weeks from the date of uploading of the web copy without waiting for the certified copy of this order.
iii) Though facts have been set out in affidavit, in view of the limited relief that is sought to be granted, I do not propose to examine the same, lest it may influence the authority. The authority shall independently consider the facts and law set out in the representation and pass appropriate order in accordance with law including but not limited to the provisions of the Tamil Nadu Patta Pass Book Act and Rules.
iv) It is made clear that this Court has not expressed any views with
regard to the merits of the case and it is open to the concerned respondent to consider the matter on its own merits and in accordance with law. Rights and contentions of the petitioner and all other interested parties are left open.
There shall be no order as to costs. Consequently, the connected miscellaneous petitions are closed.
08-08-2025 Index:yes/no Internet:yes/no msr To
1. The District Collector, Collectorate Buildings, Karuppagaundapalayam, Tiruppur District 641 604.
2. The District Revenue Officer, Tiruppur District 641 601.
3. The Revenue Divisional Officer, Udumalpet, Tiruppur District - 642 126.
4. The Tahsildar, Kuttaithidal, Udamalpet Taluk, Tiruppur District - 642 126.
MOHAMMED SHAFFIQ, J.
msr WP NO. 29830 of 2025 & WMP.Nos.33454, 33455 and 33457 of 2025 08.08.2025