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2011 Supreme(Mad) 2123

V.DHANAPALAN
M. Govindan – Appellant
Versus
Special Commissioner and Commissioner of Land Administration – Respondent


Advocates Appeared:
For the Petitioners:T.K. Kulasekaran, V. Jayaprakash Narayanan, Advocates.
For the Respondent:R1 to R3, S. Gopinathan, Addl. Govt.Pleader, P.S. Raman, Advocate General, assisted by G.T. cates, R5, No appearance.

Judgement Key Points

Yes, the opportunity to be heard is a fundamental aspect of natural justice and is generally considered necessary before any adverse decision is made that affects a person's rights or interests (!) . Ensuring that parties have a chance to present their case, respond to allegations, and clarify their position helps maintain fairness and transparency in the judicial process (!) . Denying an individual the opportunity to be heard can render the decision void or liable to be challenged on the grounds of violation of principles of natural justice (!) . Therefore, providing an opportunity to be heard is a crucial component of lawful and equitable decision-making.


Judgment :-

1. W.P.No.14082 of 2004 has been filed praying for issuance of a writ of certiorari to call for the records of the first respondent in his proceedings R.Dis.(K1)51525/2001, dated 05.04.2004 and quash the same.

2. W.P.No.13342 of 2009 has been filed praying for issuance of a writ of mandamus, forbearing the respondents or their men, agents and servants from in any way interfering with the possession and enjoyment of the petitioner with respect to the property bearing Survey No.39 (part) and 40/5 (part), New T.S.No.1, Block No.15, at No.77,Periakudal village, Egmore Nungambakkam Taluk, to an extent of about 72 cents and for a direction to respondents to reconstruct the demolished temple originally situated on the land belonging to the petitioner besides replacing the deities numbering 10 or in the alternative to award a compensation of Rs.5.00 lakhs.

3. W.P.No.14792 of 2009 has been filed praying for issuance of a writ of mandamus, forbearing the respondents from in any way interfering with the peaceful possession and enjoyment of the land situated at Old Survey No.39 (part) and 40/5 (part), New T.S.No.1, Block No.15, at No.77,Periakudal village, Egmore Nungambakkam Taluk,

































































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