K.Eswaren v. The Assistant Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.01.2025
CORAM:
THE HONOURABLE MS.JUSTICE P.T.ASHA W.M.P.No.2355 of 2025 K.Eswaren
...Petitioner
Vs 1.The Assistant Commissioner Office of the Assistant Commissioner, Land Reforms Department, Coimbatore - 18.
2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Udumalaipettai Taluk, Tiruppur District.
3.The Zonal Deputy Thasildhar, Office of the Thasildar Udumalaipettai Taluk, Tiruppur District.
...Respondents
PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, pleased to issue Writ of Certiorarified Mandamus, to call for the records pertaining to impugned order passed by 3rd respondent by its proceeding vide File No. 2024 / 0103 / 32 / 596706 dated 31.07.2024 and quash the same as illegal, incompetent and without jurisdiction and further directing the Respondents 2 to 3 to consider the petitioners representation dated 29.02.2024 enable the petitioner to pay the value of the property of dry land measuring to an extent of 1.00 Acre comprised in Survey No 701, situated at Kallapuram Village, Udumalpet Village, 1/5
Coimbatore district, now Tiruppur District for making conversion from conditional patta into ayan patta land within the period that may be stipulated by this Court.
For Petitioner : Mr.S.Arivazhagan For Respondents : Mr.R.P.Murugan Raja Government Advocate (For R1 to R3 )
ORDER
The Writ Petition is filed for the following relief:- To call for the records pertaining to impugned order passed by 3rd respondent by its proceeding vide File No. 2024 / 0103 / 32 / 596706 dated 31.07.2024 and quash the same as illegal, incompetent and without jurisdiction and further directing the Respondents 2 to 3 to consider the petitioners representation dated 29.02.2024 enable the petitioner to pay the value of the property of dry land measuring to an extent of 1.00 Acre comprised in Survey No 701, situated at Kallapuram Village, Udumalpet Village, Coimbatore district, now Tiruppur District for making conversion from conditional patta into ayan patta land within the period that may be stipulated by this Court. 2.It is the case of the petitioner that his request to convert his assignment patta into ayan patta on 30.07.2024 has been rejected with 2/5
one line order that is "The land was allotted on conditional patta". Therefore, aggrieved the petitioner is before this Court. 3.Heard the learned counsels on either side and perused the records. Mr.R.P.Murugan Raja, the learned Government Advocate takes notice on behalf of respondents.
4.A mere perusal of the impugned order would show that it is a one line non-speaking order and that there is no application of mind on the part of the third respondent while rejecting the order. An order more particularly one which is an appealable has to be speaking order as there must be reasons in the impugned order in question as to why the authority has come to a particular conclusion and it is these reasons that can be assailed in appeal. With e-governance being adopted in all spheres of administration to bring about transparency orders of this nature would work against the object of e-governance. Therefore, the Writ Petition is allowed and the impugned order is set aside and the third respondent is directed to disposed of the petitioner's representation dated 29.02.2024 within a period of four weeks from the date of receipt of copy of the 3/5
order. No costs. Consequently, connected miscellaneous petition is closed.
30.01.2025 Index : Yes/No Internet : Yes/No Speaking Order/Non Speaking Order ep 4/5
P.T.ASHA , J, ep To 1.The Assistant Commissioner Office of the Assistant Commissioner, Land Reforms Department, Coimbatore - 18.
2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Udumalaipettai Taluk, Tiruppur District.
3.The Zonal Deputy Thasildhar, Office of the Thasildar Udumalaipettai Taluk, Tiruppur District.
W.M.P.No.2355 of 2025 30.01.2025 5/5