Backiyalakshmi, v. The Sub Collector,

ORDER

This Writ Petition has been filed to call for the records pertaining to the impugned order passed by the 1st respondent in proceedings bearing Pa.Mu. No.3827/2025/A2, dated 15.05.2026, to quash the same as illegal, and consequently direct the 1st respondent to restore the patta in the petitioner's name within the time stipulated by this Court.

¶2The learned counsel appearing for the petitioner submitted that the impugned order was passed without issuing any notice to the petitioner, thereby violating the principles of natural justice. It was further submitted that the claim made by the second respondent had also been rejected by the 1st respondent. Therefore, remanding the matter to the 1st respondent for fresh consideration would not, in any manner, prejudice the rights of the second respondent. In view of the above circumstances, notice to the second respondent is dispensed with.

¶3In view of the above, this Court is inclined to interfere with the impugned order. Accordingly, the impugned order dated 15.05.2026 passed by the 1st respondent in Pa.Mu. No.3827/2025/A2 is set aside, and the matter is remitted to the 1st respondent for fresh consideration.

¶4The 1st respondent shall issue notice to the petitioner as well as to the second respondent, afford them an opportunity of hearing, and thereafter pass appropriate orders on merits and in accordance with law within a period of twelve (12) weeks from the date of receipt of a copy of this order.

¶5It is made clear that, while considering the petitioner's claim, the 1st respondent shall take into consideration the fact that the subject property is classified as "Natham" land. The Hon'ble Full Bench of this Court, in the judgment reported in 2026 (2) CTC 257 in Kaman @ Kamatchi (Died) Nallasivam vs. The District Collector, Dindigul District, has held that Natham lands do not belong to the Government. The observations and principles laid down in the said judgment shall be duly taken into consideration while deciding the petitioner's claim.

¶6With the above directions, this Writ Petition stands disposed of. There shall be no order as to costs.

09.07.2026 Index : Yes / No

Internet : Yes NCC : Yes / No TRP TO The Sub Collector,, Office of the Revenue Divisional, Usilampatti, Madurai District.. Madurai District.. S.SRIMATHY,J TRP ORDER IN WP(MD) No.19251 of 2026 Date : 09/07/2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 09/07/2026 CORAM THE HONOURABLE MRS. JUSTICE S.SRIMATHY Backiyalakshmi ... Petitioner Vs 1. The Sub Collector,, Office of the Revenue Divisional, Usilampatti, Madurai District.. 2. Ganesan ... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the Impugned Order issued by the 1st Respondent vide his Proceedings in Pa.Mu. No.3827/2025/A2, dated 15.05.2026 and quash the same as illegal and consequently directing the 1st Respondent to restore the Patta in the Petitioners name within the time stipulated by this Honble Court and for other reliefs and pass any further or other orders as this Court. For Petitioner : Mr. D.S.Haroon Rasheed, Advocate. For Respondent No.1 : Mr. K. Saravanan, Counsel for State