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2026 Supreme(Online)(Mad) 49013

IN THE HIGH COURT OF JUDICATURE AT MADRAS
D.Bharatha Chakravarthy, J
Nallasivam – Appellant
Versus
Revenue Divisional Officer – Respondent
W.P(MD)No.14713 of 2026|W.M.P(MD)Nos.11059 and 11061 of 2026



Advocates:
For the Appellants/Petitioners: K.Balasubramani
For the Respondents: R.Parthiban

A show-cause notice cannot be quashed when the aggrieved party has an adequate opportunity to submit a reply and participate in the enquiry process, provided the authority adheres to the principles of natural justice and considers all evidence, including technical survey reports.

Headnote:The petitioner challenged a show-cause notice issued by the revenue authority regarding alleged illegal mining of earth from patta lands. The petitioner contended that the notice presupposed conclusions, while the authority argued the process followed interim directions from a previous writ petition. The court observed that the challenged order was merely a show-cause notice and the petitioner could raise all objections, including the distinction between mining and land leveling, before the authority. The main issue was whether the show-cause notice was premature or violative of natural justice when the petitioner had not received the drone survey report. The court reasoned that since the petitioner was already participating in the enquiry process and the survey report was formally supplied during the proceedings, the authority was obligated to consider all representations fairly. The ratio centered on the principle that the authority must act dispassionately and provide a fair opportunity for a personal hearing before reaching final conclusions. The writ petition was disposed of with directions for the petitioner to submit an additional reply within one week and for the respondent to conclude the enquiry within eight weeks following a personal hearing.

Table of Content
1. overview of the petition, the nature of the show-cause notice, and the preliminary contentions. (Para 1 , 2 , 3 , 4 , 5)
2. judicial restraint regarding show-cause notices and the necessity of ensuring a fair hearing by mandating the provision of evidence. (Para 6 , 7 , 8 , 9)

Prayer: Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Certiorari, calling for the records relating to the impugned show-cause notice issued by the 1st respondent vide his proceedings in Na.Ka.A1/1992/2026 dated 15.05.2026 and quash the same as illegal, arbitrary, violative of principles of natural justice and pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of the case and thus render justice.

For Petitioner :Mr.K.Balasubramani

For R1 :Mr.R.Parthiban

Government Advocate

ORDER

This writ petition is filed challenging the impugned show cause notice issued by the 1st respondent dated 15.05.2026.

2. On a perusal thereof, it can be seen that the notice is in the nature of requesting the petitioner to appear for the enquiry on 23.05.2026 and to showcase why further orders should not be passed with reference to illegal mining of earth in the patta lands belonging to the petitioner.

3. The learned counsel appearing for the petitioner would submit that the apprehension of the petitioner is that the conclusion is foregone and even the quantum of mineral seems to have been decided even without hearing the petitioner. The case of the petitioner is that they only leveled their field and did not mine the earth.

4. Per Contra, learned Government Advocate appearing on behalf of the 1st respondent would submit that the entire exercise is being carried out pursuant to the interim directions that were given in W.P(MD)No.6960 of 2026.

5. As a matter of fact, drone survey was conducted. The petitioner participated during the survey and we are very much part of the enquiry and the enquiry process is on and final orders will be passed in accordance with law.

6. I have considered the rival submissions made on either side and perused the material records of the case.

7. The impugned order is only a show cause notice and all contentions including the quantity of the mineral, whether it is mined or it is only leveled, all can be raised before the authority.

8. The petitioner at this stage would submit that the drone survey report is not at all supplied to the petitioner. The officer who was present in Court immediately supplied a copy of the survey report in the open court itself.

9. The authority will dispassionately consider the same. Therefore, even though the show cause notices directed filing of reply and appearance before 23.05.2026, this writ petition is disposed of with the following directions:-

i. Within one week from today, it shall be open to the petitioner to submit an additional reply to the respondent. Thereafter, an opportunity of personal hearing shall be afforded to the petitioner at a time convenient to the respondent, and final orders shall thereafter be passed in accordance with law.

ii. The entire exercise shall be completed within a period of 8 weeks from the date of receipt of a web copy of the order.

iii. No costs. Consequently, connected miscellaneous petitions are closed.

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