Pitchai vs Rakku
2025 Latest Caselaw 3523 Mad

Citation : 2025 Latest Caselaw 3523 Mad
Judgement Date : 4 March, 2025

Madras High Court

Pitchai vs Rakku on 4 March, 2025

Bench: J.Nisha Banu, S.Srimathy

WA(MD). No.455 of 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

Date : 04/03/2025

CORAM

THE HONOURABLE Mrs. JUSTICE J.NISHA BANU
AND
THE HONOURABLE Mrs. JUSTICE S.SRIMATHY

WA(MD). No.455 of 2025
and CMP(MD) No.3608 of 2025

Pitchai ... Appellant

1.Rakku

2.The District Collector
O/o.the District Collector
Sivagangai District.

3.The Revenue Divisional Officer,
Sivagangai Taluk
Sivagangai District

4.The Sub-Registrar
Sivagangai Taluk
Sivagangai District

5.The Tahsildar
Sivagangai Taluk
Sivagangai District ... Respondents

1/5

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WA(MD). No.455 of 2025

PRAYER :- Writ Appeal filed under Clause 15 of Letters patent against
the order of this Court dated 07.02.2025 in WP(MD). No.3217 of 2025.
For Appellants : Mr.K.Sankar
For Respondent : Mr.M.Sarangan for R2 to R6
Additional Government Pleader

JUDGMENT

(Judgment of the Court was delivered by J.NISHA BANU,J.)

The writ appeal is directed against the order of the writ Court dated

07.02.2025 in WP(MD) No.3217 of 2025.

2. The 6th respondent in the writ petition is the appellant herein.

3. The writ petitioner/first respondent herein had filed the writ

petition challenging the impugned order of the Zonal Deputy Tahsildar,

in and by which, the patta standing in the name of the writ petitioner was

cancelled and a fresh patta was issued in favour of the 6 th respondent.

The learned Single Judge has allowed the writ petition by remitting the

matter back to the 4th respondent/Tahsildar therein for fresh disposal for

fresh hearing and disposal on the simple ground that principles of natural

justice has been violated in not hearing the writ petitioner before

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cancelling the name of the petitioner in the patta. Challenging the said

order, the appellant is before this Court.

4. It is the stand of the learned counsel for the appellant that the

writ petition has been decided at the admission stage itself and without

hearing the appellant herein. The learned counsel would further submit

that the 1st respondent has suppressed the material facts in the writ

petition and that the Tahsildar has rightly issued patta in favour of the

appellant herein and hence, prays for interference of the order of the writ

Court.

5. We have considered the rival submissions and perused the

materials available on record.

6. From the submission of the learned counsel for the appellant, it

is seen that the writ Court while allowing the writ petition filed by the 1st

respondent has remitted the matter back to the Tahsildar for fresh hearing

and disposal and the Tahsildar was also directed to hear not only the writ

petitioner but also the appellant herein and pass orders after giving

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opportunity to both the writ petitioner and the appellant herein.

Therefore, the ground that has been raised is not a valid one that the

appellant. Hence, no interference is warranted to the order of the writ

Court. Accordingly, the writ appeal stands dismissed. No costs.

Consequently connected Miscellaneous Petition is closed.

                                                        [J.N.B.,J]                        [S.S.Y.,J]

                                                                           04.03.2025
                     NCC : Yes/No
                     Index : Yes/No

                     RR

                     To
                     2.The District Collector
                     O/o.the District Collector
                     Sivagangai District.

                     3.The Revenue Divisional Officer,
                     Sivagangai Taluk
                     Sivagangai District

                     4.The Sub-Registrar
                     Sivagangai Taluk
                     Sivagangai District

                     5.The Tahsildar
                     Sivagangai Taluk
                     Sivagangai District





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                                                                            J.NISHA BANU, J
                                                                                      AND
                                                                             S.SRIMATHY, J.


                                                                                            RR




                                                                                  ORDER
                                                                                        IN





                                                                            Date : 04/03/2025

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