Case Note & Summary
The petitioner, Boss, filed a writ petition under Article 226 of the Constitution of India before the Madurai Bench of the Madras High Court seeking a writ of certiorarified mandamus to quash the order dated 20.10.2023 passed by the Assistant Collector, Paramakudi Division, Ramanathapuram District, and to restore the patta in survey numbers 255/2B and 255/2C. The dispute arose from the cancellation of the petitioner’s patta. Initially, the patta had been mutated in the petitioner’s name after considering registered documents in his favour. Subsequently, the fourth respondent, K.P. Panneerselvam, who ostensibly had no right, title or interest over the property, applied for cancellation. The Assistant Collector, without issuing any notice to the petitioner, passed the impugned order cancelling the patta. Aggrieved, the petitioner approached the High Court contending that the cancellation order violated the principles of natural justice, as it was passed behind his back and at the instance of an uninterested party. The court examined the limited grievance that the impugned order was passed without notice to the petitioner. Upon perusal, the court found it evident that the petitioner was not put on notice and the order was made solely on the application of the fourth respondent. The court held that this non-compliance with the rule of audi alteram partem rendered the order unsustainable. Accordingly, the writ petition was allowed, the impugned order was set aside, and the matter was remitted to the first respondent for a fresh enquiry. The court directed the Assistant Collector to issue advance notice to the petitioner, the fourth respondent, and any other interested parties, consider their objections, and pass a reasoned order on merits in accordance with law within a period of twelve weeks from the date of receipt of a copy of the order. No costs were awarded, and the connected miscellaneous petition was closed.
Headnote
A) Administrative Law - Natural Justice - Audi Alteram Partem - Cancellation of Patta - Impugned order passed by Assistant Collector without prior notice to the patta holder, solely on application of fourth respondent who allegedly had no right, title or interest, is liable to be set aside for violation of natural justice - Matter remitted to first respondent for fresh enquiry after notice to petitioner, fourth respondent and any other interested parties, with direction to pass order on merits within twelve weeks from receipt of copy of this order - Held, the cancellation order is unsustainable for want of notice (Paras 2-3).
Issue of Consideration
Whether the impugned order dated 20.10.2023 cancelling the patta without notice to the petitioner is sustainable in law.
Final Decision
Writ petition allowed; impugned order dated 20.10.2023 set aside; matter remitted to first respondent for fresh enquiry with advance notice to petitioner, fourth respondent and any other interested parties; direction to pass order on merits in accordance with law within twelve weeks from receipt of copy of this order; no order as to costs; connected miscellaneous petition closed.
Law Points
- Natural justice
- audi alteram partem
- cancellation of patta without notice is void
- administrative order must afford hearing before adverse action
