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2019 (1) TMI 1799 - MADRAS HIGH COURTPrinciples of Natural Justice - case of petitioner is that the first respondent did not give any personal hearing or notice before passing the impugned order - Recovery of possession of property - HELD THAT:- The fact that the appellant's name was in the revenue records before the modification of entry by the impugned order passed by the first respondent is not in dispute. In such circumstances, even for carrying out any correction, the person, against whom the entry is made, should be given an opportunity before the modification of entry is made. In this case, it is not in dispute that the appellant was not given any opportunity by the first respondent before passing the impugned order. Admittedly, no notice was issued to the appellant before passing the impugned order. The fact that the second respondent, namely, the Tahsildar, conducted an enquiry and submitted a report before the first respondent and on the basis of the said report, the first respondent passed the impugned order will indicate that the impugned order in writ petition is in violation of principles of natural justice. The matter is remitted to the first respondent for fresh hearing and the first respondent shall pass an order after affording sufficient opportunity to both appellant as well as the third respondent and consider their case on merits - Petition allowed by way of remand.
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