[Cites 1, Cited by 0]
Madras High Court
Sri Raakkayi Amman Temple vs The District Collector on 17 February, 2026
W.P.(MD)No.4334 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 17.02.2026
CORAM:
THE HONOURABLE MR.JUSTICE K.SURENDER
W.P.(MD)No.4334 of 2026
and
W.M.P.(MD)Nos.3613 and 3614 of 2026
Sri Raakkayi Amman Temple,
Represented by its Administrator,
Mayandi,
Madurai Road,
Kalavasal,
Bharathi Nagar,
Sivagangai. ... Petitioner
-vs-
1.The District Collector,
Sivagangai District,
Sivagangai.
2.The Revenue Divisional Officer,
O/o. the Revenue Divisional Officer,
Sivagangai District,
Sivagangai.
3.The Thasildar,
Sivagangai Taluk,
Sivagangai District.
4.K.Rani
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W.P.(MD)No.4334 of 2026
5.Narayanasamy ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to
issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the
impugned order passed by the second respondent in Mu.Mu.A5/7919/2024 dated
08.08.2025 and quash the same as illegal and consequently direct the third
respondent to restore the revenue records in the name of Sri Raakkayi Amman
Temple in Town Survey No.8, G.R.Survey No.46/1067 in Ward-E, Block-10,
Sivagangai Town, Sivagangai District.
For Petitioner : Mr.N.Jeyaram Sidharth
For R1 to R3 : Mr.D.S.Nedunchezhiyan
Government Advocate
ORDER
The Writ Petition has been filed seeking to quash the impugned order
passed by the second respondent dated 08.08.2025 and consequently, to direct the
third respondent to restore the revenue records in the name of Sri Raakkayi
Amman Temple in Town Survey No.8, G.R.Survey No.46/1067 in Ward-E,
Block-10, Sivagangai Town, Sivagangai District.
2. By consent, the Writ Petition is taken up for final disposal at the
admission stage itself.
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3. Since no adverse orders are going to be passed against the respondents 4
and 5, notice to the respondents 4 and 5 is hereby dispensed with.
4. The learned counsel appearing for the petitioner submits that no notice
was issued to the petitioner prior to the passing of the impugned order, which
resulted in the transfer of Patta in favour of the respondents 4 and 5. The
petitioner’s fundamental right to be heard before the passing of any order
adversely affecting their interests has been violated. It is well settled that when an
administrative action, such as the transfer of Patta, is undertaken, the persons
likely to be affected must be issued notice and afforded a reasonable opportunity
to present their case. In the present case, the petitioner was not put on notice prior
to the transfer of Patta. Consequently, they were deprived of the opportunity to
make their representations or to challenge the basis of the said transfer, thereby
causing serious prejudice to their rights and interests. In such circumstances, the
impugned order is liable to be set aside, and the Writ Petition deserves to be
allowed.
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5. When questioned, the learned Government Advocate appearing for the
respondents 1 to 3, on instructions, fairly submitted that the petitioner was not put
on notice prior to the passing of the impugned order.
6. A perusal of the impugned order does not indicate that the petitioner was
afforded an opportunity to present their case before it was passed. Inasmuch as
the transfer of Patta was effected without issuing notice to the petitioner, who is
an affected party, the impugned order is in violation of the principles of natural
justice.
7. For the above reason, the impugned order deserves to be set aside.
Accordingly, it is set aside. The second respondent shall issue notice to the
petitioner, the respondents 4 and 5 as well as all other persons, who may be
interested in the subject matter, call for objections, and conclude the enquiry after
considering the objections raised by the petitioner, and pass appropriate orders on
merits and in accordance with law, within a period of twelve weeks from the date
of receipt of a copy of this order.
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8. Accordingly, the Writ Petition stands disposed of. No costs.
Consequently, connected Miscellaneous Petitions are closed.
NCC : Yes / No (K.SURENDER, J.)
Index : Yes / No 17.02.2026
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To:-
1.The District Collector,
Sivagangai District,
Sivagangai.
2.The Revenue Divisional Officer,
O/o. the Revenue Divisional Officer,
Sivagangai District,
Sivagangai.
3.The Thasildar,
Sivagangai Taluk,
Sivagangai District.
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K.SURENDER, J.
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17.02.2026
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