Pavanammal v. The District Revenue Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.08.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ WMP Nos.34536, 34541, 34544 of 2025 1.Pavunammal 2.Sasikala : petitioners Vs.

1.The District Revenue Officer, Dharmapuri District, Dharmapuri 2.The Revenue Divisional Officer, Dharmapuri District 3.The Tahsildar, Dharmapuri Taluk, Dharmapuri District 4.Veeramani : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Certiorarified Mandamus calling for the records of the 2nd respondent in proceeding Ne.Mu.4670/2023/A3 dated 10.09.2024 and quash the same as illegal and consequently direct the 2nd respondent to consider the petitioners' representation dated 1.07.2025.

For petitioners :

Mr.M.Selvam For Respondents :

Mr.A.Selvendran, Special Government Pleader, for respondents 1 to 3 1/5

ORDER

The present writ petition is filed challenging the impugned proceedings dated 10.09.2024 whereby the second respondent has cancelled patta which stood in the name of petitioners in patta No.6472 in respect of the property comprised in Survey No.785/5 measuring an extent of 67.5 cents, situated at Paruvathanahalli Village, Pennagaram Taluk, Dharmapuri District, without even putting the petitioners on notice.

2. Learned counsel for the petitioners would submit that the impugned proceedings suffers from violation of principles of natural justice.

3. From a perusal of the impugned order, it appears that petitioners were not put on notice nor was any enquiry conducted. Therefore, this Court is inclined to set aside the impugned order on the ground of violation of principles of natural justice.

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4. In view thereof, this court is inclined to dispose of the writ petition with following directions:

i) the impugned order dated 10.09.2024 is set aside. ii) The second respondent shall consider and pass orders afresh after issuing notice, conducting enquiry and affording a reasonable opportunity of hearing to petitioners, respondent No.4 and any other interested parties, including rival claimants, if any in accordance with law.

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 case 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 petitioners and all other interested parties are left open. 3/5

5. Accordingly, the writ petition stands disposed of. There will be no order as to costs. Consequently, connected miscellaneous petitions are closed. 28.08.2025 Speaking (or) Non Speaking Order mrn To 1.The District Revenue Officer, Dharmapuri District, Dharmapuri 2.The Revenue Divisional Officer, Dharmapuri District 3.The Tahsildar, Dharmapuri Taluk, Dharmapuri District 4/5

MOHAMMED SHAFFIQ, J.

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