Ganesan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :10.02.2026

CORAM

THE HONOURABLE MR.JUSTICE K.SURENDER and WMP (MD) Nos.2333 and 2335 of 2026 Ganesan ... Petitioner(s) Vs.

1. The District Collector, Collectorate, Pudukkottai District.

2. The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Pudukkottai, Pudukkottai District.

3. The Tahsildar, Office of the Tahsildar, Aalangudi Taluk, Pudukkottai District.

4. The Zonal Deputy Tahsildar, Valla Nadu, Aalagudi Taluk, Pudukkottai District.

5. S. Neelakandan ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus, calling for the records pertains to the impugned proceeding of the 3rd respondent 1/5

bearing Ne.Mu.No.9286/2025/A6 dated 12.01.2026 to transfer the patta in favour of the fifth respondent without following the procedure mandated in Section 10 (3) (a) of the Tamil Nadu Patta Passbook Act, 1983 which mandates to give a reasonable opportunity to the parties concerned to make their representation in modification of entries in the patta and also violation of Principles of Natural Justice (Due Process of Law) Under Article 21 of the Constitution of India and quash the same as deliberately illegal.

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For Petitioner :M/s.Ramesh Mahadev For Respondents :Mr.D.S.Nedunchezhian Government Advocate for R1 to R4

O R D E R

This writ petition has been filed challenging the patta transfer proceedings dated 12.01.2026 issued by the third respondent.

2. The grievance of the petitioner is that the patta standing in his name was cancelled and transferred in favour of the fifth respondent without issuing notice, as required under Section 10(3)(a) of the Tamil Nadu Patta Passbook Act, 1983.

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3. The learned Government Advocate appearing for respondents 1 to 4 submitted that the modification was made based on the judgment in O.S. No. 163 of 1994 and also on the ground that no appeal was preferred by the petitioner.

4. However, the fact remains that the petitioner was not put on notice as mandated under Section 10(3)(a) of the Tamil Nadu Patta Passbook Act, 1983, pursuant to the representation made by the fifth respondent before effecting the patta transfer. The said provision mandates affording an opportunity to the parties concerned to make their representations. Even though the patta transfer was made based on the judgment of the civil Court, the procedure prescribed under the Act for providing such opportunity has not been followed.

5. For the reasons stated above, the impugned proceedings liable to be set aside and accordingly, the impugned proceedings dated 12.01.2026 are set aside. The matter is remanded to the third respondent, who shall consider the same afresh and pass appropriate orders on merits and in accordance with law after issuing notice to the petitioner, the fifth respondent, and other interested persons. This exercise shall be 3/5

completed within a period of eight weeks from the date of receipt of a copy of this order. There shall be no order as to costs. Consequently, the connected miscellaneous petitions are closed. (K.SURENDER, J) 10.02.2026 NCC :Yes/No Internet :Yes/No Index :Yes/No PKN To

1. The District Collector, Collectorate, Pudukkottai District.

2. The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Pudukkottai, Pudukkottai District.

3. The Tahsildar, Office of the Tahsildar, Aalangudi Taluk, Pudukkottai District.

4. The Zonal Deputy Tahsildar, Valla Nadu, Aalagudi Taluk, Pudukkottai District.

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K.SURENDER, J.

PKN 10.02.2026 5/5