Ravi v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 22.01.2025
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No. 1265 of 2025 & W.M.P.No. 1516 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
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Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, to call for the records of the 2nd respondent rejected online application dated 04.12.2024 in file.no.2024/0105/05/309726 and quash the same and consequently direct the 2nd respondent to survey the petitioner's land in survey no.783/1a, punjai hectare 0.35 cent Jertalav Village, Palacode Taluk, Dharmapuri District and issue patta in favour of the petitioner For Petitioner :
Mr. M.Selvam For Respondents :
Mr. A.Selvendran Special Government Pleader.
O R D E R
The Writ Petition is filed for the following relief: "To call for the records of the 2nd respondent rejected online application dated 04.12.2024 in file.no.2024/0105/05/309726 and quash the same and 2/6
consequently direct the 2nd respondent to survey the petitioner's land in survey no.783/1a, punjai hectare 0.35 cent Jertalav Village, Palacode Taluk, Dharmapuri District and issue patta in favour of the petitioner".
2. It is the case of the petitioner that he purchased the subject property in the year 2020. Since then the petitioner has been in continuous possession and enjoyment of the same. The petitioner submitted an application for patta transfer in his favour. He has also paid necessary charges for the same. The 2nd respondent by his order dated 04.10.2024, rejected the application. The petitioner would state that the impugned order is a one line order passed without considering the documents. Therefore, the petitioner is before this Court.
3. Heard the learned counsels and perused the records.
4. A perusal of the impugned order would clearly show that it is a non speaking one line order. The impugned order reads as follows: 3/6
"Field is under crop cultivation"
5. A mere perusal of the impugned order clearly shows that the order is a non speaking one passed without considering the documents of the petitioner. Therefore, the impugned order has to be necessarily set aside.
6. Accordingly, the Writ Petition is allowed. The impugned order is quashed and the matter is remitted back to the 2nd respondent to consider and pass orders by holding enquiry after due notice to the parties concerned and afford them personal hearing. The said exercise shall be completed within a period of 8 weeks, from the date of receipt of a copy of this order. Consequently, the connected miscellaneous petition is closed. No costs.
22.01.2025 Index : Yes/No Internet : Yes/No kan 4/6
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.
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P.T. ASHA, J, kan W.P.No. 1265 of 2025 22.01.2025 6/6