Ravi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.01.2025

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA W.M.P.No.1519 of 2025 Ravi

...Petitioner

Vs 1.The District Collector, District Collectorate, Dharmapuri - 5.

2.The Tahsildar, Tahsildar Office, Palacode, Dharmapuri District - 636 808.

3.The Village Administrative Officer, Jertalav Village, Palacode Taluk, Dharmapuri District

...Respondents

PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, pleased to issue Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent rejected online Application dated 4.12.2024 in file No.2024/0105/05/291453 and quash the same and consequently direct the 2nd respondent to survey the petitioner's land in survey No.783/1A Punjai Hectare 0.24.0 Jentalav village, Palacode Taluk, Dharmapuri District and issue patta in favour of the petitioner. For Petitioner : Mr.M.Selvam 1/4

For Respondents : M/s.P.Sathish Additional Government Pleader (For R1 to R3 )

ORDER

The Writ Petition is filed for the following relief:- To call for the records of the 2nd respondent rejecting the petitioner's online Application dated 4.12.2024 in file No.2024/0105/05/291453 and quash the same and consequently direct the 2nd respondent to survey the petitioner's land in survey No.783/1A Punjai Hectare 0.24.0 Jentalav village, Palacode Taluk, Dharmapuri District and issue patta in favour of the petitioner.

2.It is the case of the petitioner that his request for issue of patta on 04.12.2024 has been rejected with one line order that is "Field is under crop cultivation". Therefore, aggrieved the petitioner is before this Court. 3.Heard the learned counsels on either side and perused the records. Mr.P.Sathish, the learned Additional Government Pleader takes notice on behalf of respondents.

4.A mere perusal of the impugned order would show that it is a one 2/4

line non-speaking order and that there is no application of mind on the part of the second 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 giving reasons 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 second respondent is directed to disposed of the application dated 04.12.2024 within a period of four weeks from the date of receipt of copy of the order. No costs. Consequently, connected miscellaneous petition is closed.

21.01.2025 Index : Yes/No Internet : Yes/No Speaking Order/Non Speaking Order ep P.T.ASHA , J, 3/4

ep To 1.The District Collector, District Collectorate, Dharmapuri - 5.

2.The Tahsildar, Tahsildar Office, Palacode, Dharmapuri District - 636 808.

3.The Village Administrative Officer, Jertalav Village, Palacode Taluk, Dharmapuri District W.M.P.No.1519 of 2025 21.01.2025 4/4