M.Arasukumar v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.10.2025

CORAM

THE HONOURABLE Mr. JUSTICE G.K.ILANTHIRAIYAN WP.No.39186 of 2025 and WMP.Nos.43989 & 43992 of 2025 Arasukumar ....

Petitioner Vs 1.The District Collector, Krishnagiri District, Collectorate, Krishnagiri 2.The Revenue Divisional Officer, Krishnagiri District, Krishnagiri 3.The Tahsildar, Krishnagiri Taluk, Krishnagiri District 4.Chandran ....

Respondents Prayer :

Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records leading to the 1/6

impugned order passed by the second respondent dated 03.10.2025 in Pa.Mu./7253/2025/E and to quash the same.

For Petitioner : Mr.C.Jagadish For Respondents For R1 to 3 : Mr.N.Naveen Kumar, Government Advocate

ORDER

This Writ Petition has been filed challenging the order passed by the second respondent dated 03.10.2025 thereby cancelled the sub division and restored the patta in its original position for the subject land in survey No.292/3A2 and 292/3B2 situated at Thimmapuram Village, Krishnagiri District.

2.

Though there is appeal remedy very much available against the impugned order passed by the second respondent before the District Revenue Officer, the petitioner has raised grounds that the petitioner was not heard and it is clear violation of principles of natural justice.

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3.

Also on perusal of records, it is revealed that though the petitioner was marked a copy of the impugned order passed by the second respondent on the request made by the fourth respondent, without conducting any enquiry by giving opportunity of personal hearing to the petitioner, the second respondent passed the impugned order only on perusal of the records produced by the fourth respondent. Therefore, it is clear violation of principles of natural justice and this writ petition is very much maintainable before this Court. When there is violation of principles of natural justice, no notice is required to be served to the fourth respondent since this Court is remanding the matter back to the second respondent for fresh disposal.

4.

In view of the above, the impugned order dated 03.10.2025 of the second respondent is set aside and the matter is remanded back to the second respondent for fresh disposal after conducting due enquiry by giving notice to the petitioner and the fourth respondent and after giving opportunity of personal hearing to them, on merits and in accordance 3/6

with law within a period of twelve weeks from the date of receipt of this order.

5.

With the above direction, this writ petition stands allowed. Consequently, connected miscellaneous petitions are closed. There shall be no order as to costs.

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To 1.The District Collector, Krishnagiri District, Collectorate, Krishnagiri 2.The Revenue Divisional Officer, Krishnagiri District, Krishnagiri 3.The Tahsildar, Krishnagiri Taluk, Krishnagiri District 4.The Government Advocate, High Court of Madras 5/6

G.K.ILANTHIRAIYAN, J.

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