Case Note & Summary
The petitioner, P. Sundari, purchased a portion of property measuring 1.88 acres in S.No.145/8 under a registered sale deed dated 15.07.2011 from RadhakrishnaKumari and her son Senthoorapandian. Subsequently, the petitioner's portion was sub-divided as S.No.145/8A2, and patta was issued in her favour. She was in peaceful possession and enjoyment of the property, cultivating paddy for more than 13 years. However, she came to understand that the patta issued in her favour was cancelled at the instance of the fourth respondent, Perumal, by the first respondent, the District Revenue Officer, Madurai, vide order dated 19.12.2024. Aggrieved by this cancellation, the petitioner filed a writ petition under Article 226 of the Constitution of India seeking a writ of certiorari to quash the impugned order. The main contention raised by the petitioner's counsel was that the impugned order was passed in violation of the principles of natural justice as no opportunity of hearing was given to the petitioner before cancelling the patta. The court, after hearing the submissions of both sides and perusing the records, found that the impugned order did not indicate that any notice was sent to the petitioner. Consequently, the court held that the order was passed in gross violation of the principles of natural justice and was liable to be set aside. The court allowed the writ petition, quashed the impugned order, and remanded the matter back to the first respondent for fresh consideration, directing that the petitioner be given a reasonable opportunity of hearing, including the right to file a reply and produce documents, and that a reasoned order be passed within eight weeks.
Headnote
A) Constitutional Law - Principles of Natural Justice - Right to be Heard - Cancellation of Patta - The impugned order cancelling the patta issued in favour of the petitioner was passed without giving any opportunity of hearing to the petitioner, thereby violating the principles of natural justice. The court held that the order is liable to be set aside on this short ground alone. (Paras 4-7)
Issue of Consideration
Whether the impugned order cancelling the patta issued in favour of the petitioner is liable to be set aside for violation of principles of natural justice.
Final Decision
The writ petition is allowed. The impugned order dated 19.12.2024 passed by the first respondent is quashed. The matter is remanded back to the first respondent for fresh consideration, after giving a reasonable opportunity of hearing to the petitioner and the fourth respondent, including the right to file a reply and produce documents. The first respondent shall pass a reasoned order within eight weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petitions are closed.
Law Points
- Principles of natural justice
- right to be heard before cancellation of patta
- violation of natural justice renders order void
