M.Seeethamal, v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 20/06/2025
CORAM
THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE Mrs. JUSTICE S.SRIMATHY W.P.(MD)Nos.961 and 1919 of 2019 and WMP(MD) Nos780, 781 1578 & 1579 of 2019 M.Seethammal S/o.Malayalam No.16 AKC Colony Chinnanandan Koil Road Karur District ... Petitioner in W.P.No.961/2019 R.Marudhambal W/o.M.Ramasamy 255 Thirukampuliyar LNS Post, Karur - 02.
... Petitioner in W.P.No.1919/2019 Vs 1.The District Collector Karur District, Karur.
2.The Revenue Divisional Officer, Karur, Karur District 3.The Commissioner Karur Municipality, Karur.
4.The Tahsildar Karur District, Karur.
... Respondents in both petitions PRAYER in WP(MD) No.961/2019:- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of 1/5
Certiorari to call for the records relating to the impugned order made by the 2nd respondent in Na.Ka.A2/6059/2017 dated 04.12.2018 and the consequential impugned order made by the 3rd respondent in Na.ka.No. 10478/2015/F2 dated 20.12.2018 quash the same insofar as petitioner is concerned.
PRAYER in WP(MD) No.1919/2019:- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari to call for the records relating to the impugned order made by the 2nd respondent in Na.Ka.A2/6059/2017 dated 04.12.2018 and the consequential impugned order made by the 3rd respondent in Na.ka.No. 10478/2015/F2 dated 20.12.2018 quash the same as illegal. For Petitioners : M/s.H.Jesima Yasmin for M/s.Ajmal Associates For Respondents :Mr.S.P.Maharajan for R1, R2 and R4 Special Government Pleader Mr.K.Balasubramani for R3 COMMON ORDER (Order of the Court was made by the Hon'ble the Chief Justice) Petitioners are impugning a notice dated 04.12.2018 passed by the Revenue Divisional Officer/R2 cancelling the patta and thereafter directing the authorities to evict the petitioners.
2. Ms.H.Jesima Yasmin states that the order and the consequential order dated 20.12.2018 have been passed without even giving essential show cause notice, left alone giving a personal hearing. 2/5
3. In the affidavit in reply filed, there is no denial. Mr.S.P.Maharajan was also candid to admit that no notice was given. At the same time, he states that this was done in view of an order passed by this Court in a contempt petition that was filed by one Amirthalingam. Counsel states that contempt petition is also referred to in the letter.
4. In our view, even if it was pursuant to a judicial order that would not mean that respondents could give a total go by to the principles of natural justice.
5. Therefore, we dispose the petitions with the following directions:
(a) The order dated 20.12.2018 is quashed and set aside; (b) The communication dated 04.12.2018 shall be treated as a show cause notice and petitioners may submit a reply to concerned authority within two weeks of this order being uploaded; (c) The concerned authority shall dispose the matter within four weeks of the receiving reply, but before passing order shall give a personal hearing, notice whereof shall be communicated atleast five working days in advance. All the rights and contentions kept open. We 3/5
also clarify that we have not expressed any opinion on the merits of the matter.
There shall be no order as to costs.
Consequently connected Miscellaneous Petitions are closed.
(K.R.SHRIRAM, C.J.) (S.SRIMATHY, J.) 20.06.2025 NCC : Yes/No Index : Yes/No RR To 1.The District Collector Karur District Karur.
2.The Revenue Divisional Officer, Karur, Karur District 3.The Commissioner Karur Municipality Karur.
4.The Tahsildar Karur District, Karur.
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THE HON'BLE CHIEF JUSTICE AND S.SRIMATHY, J.
RR
ORDER
IN WP(MD) Nos.961 and 1919 of 2019 Date : 20/06/2025 5/5