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2026 Supreme(Online)(Mad) 14377

IN THE HIGH COURT OF JUDICATURE AT MADRAS
K. Surender, J
Mani – Appellant
Versus
The Thasildhar, Tirumangalam Taluk, Madurai District – Respondent
WMP (MD) Nos.19215 and 19217 of 2025



Advocates:
For the Appellants/Petitioners: Mr.R.G.Shankar Ganesh
For the Respondents: Mr.S.Kameswaran, M/s.V.Nagendran

The lack of notice to the petitioner before the impugned order is a violation of the principle of natural justice, warranting annulment of the decision.

Headnote:The judgment involves a petition under Article 226 of the Constitution challenging the proceedings of the second respondent regarding the patta. The court found that the petitioner was not given notice prior to the impugned order, leading to its annulment. The matter was remanded for reconsideration with directions to issue notice to all parties involved.

Result: The order was set aside.

Table of Content
1. challenge to the proceedings regarding patta. (Para 1 , 2 , 3 , 4)
2. violation of notice requirement. (Para 5 , 6)
3. final decision to remand for reconsideration. (Para 7)

O R D E R

This writ petition has been filed challenging the impugned proceedings of the second respondent dated 26.05.2025 and consequentially, to direct the second respondent to revert back the patta in the petitioner's name.

2. Heard the learned counsel for the parties and perused the materials available on record.

3. The case of the petitioner is that originally the patta stood in the petitioner’s name and based on an application submitted by the private respondents, their names were also included along with the petitioner’s name. Aggrieved by the same, the present writ petition has been filed challenging the impugned proceedings dated 26.05.2025.

4. The main ground urged by the learned counsel for the petitioner is that the petitioner was not put on notice before the impugned order was passed.

5. Learned Government Advocate appearing on behalf of the respondents 1 and 2 fairly concedes that there is no specific averment in the impugned proceedings to indicate that notice was served on the petitioner.

6. Since the petitioner had not been put on notice before the impugned proceeding was passed, the impugned order is set aside and the matter is remanded to the second respondent for fresh consideration. The second respondent shall issue notice to all concerned parties and after affording an opportunity of hearing to the parties, pass appropriate orders on merits and in accordance with law.

7. With the above observation and directions, this writ petition is disposed of. There shall be no order as to costs. Consequently, the connected miscellaneous petitions are closed.

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