P.Dakshinamoorthi v. The Tahsildar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.03.2022
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P.No.2530 of 2022 and W.M.P.No.2665 of 2022 P.Dakshinamoorthi
...Petitioner
Vs
1. The Tahsildar, Pallavaram Taluk, Chengalpet District.
2. The Revenue Divisional Officer, Tambaram, Chengalpet District.
3. The District Collector Chengalpattu - 603001.
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of the first and second Respondents pertaining to the impugned rejection by Transaction Reference No. TNTACKPM03863442 nil dated on the file of first and second Respondents, quash the same as illegal and direct the Respondents to consider the Petitioner's application dated 26.10.2021, to issue a legal heir ship certificate as required. For Petitioner : Ms.S.Deepika For Respondents : Mrs.Geetha Thamaraiselvan Special Government Pleader
O R D E R
Read this order in conjunction with order dated 15.02.2022 reading as follows:
'Mrs.Geetha Thamaraiselvan, learned Special Government Pleader accepts notice for the
respondents and seeks sometime to obtain instructions and file a counter.
2.The petitioner challenges an order rejecting the application for issuance of legal heir certificate based on the reports of the Village Administrative Officer and Revenue Inspector. The specific argument is that the requests ought not to have been rejected even without supply of the reports to the petitioner and his responses thereto.
3.List on 01.03.2022. Counter/Written instructions by then, after service upon the petitioner.'
2.The petitioner has challenged an order passed by the respondents rejecting the request for issuance of legal heir ship certificate. This rejection is ostensibly based on the reports of the Village Administrative Officer and Revenue Inspector. However, and admittedly, these reports have not been supplied to the petitioner for response.
3.The learned Special Government Pleader was directed to produce copies of the same before the Court. She would, however, state that the concerned officer is unable to retrieve the reports of the Village Administrative Officer and Revenue Inspector that are available online. She would submit that she has received written instructions on her mobile and is thus, unable to place on record a copy of the same. Her submission is recorded.
4.It is incumbent upon an authority, passing a quasi judicial order, to furnish the basis upon which such order has been passed. In the present case, the order of rejection contains the remarks 'Based on VAO and RI reports adaption is not legally done.'
5. However, the applicant is entitled to know the basis upon which the application are proposed to be rejected also to enable the applicant to respond to the same, if possible. This opportunity has been denied to the applicant in the present case and the impugned order thus suffers from violation of principles of natural justice and the same is set aside.
6. The respondents are directed to furnish copies of the reports of the Village Administrative Officer and Revenue Inspector to the petitioner within a period of two (2) weeks from today. The petitioner will file a written response within a period of two (2) weeks thereafter and the application for issuance of legal heir ship certificate shall be decided by way of a speaking order, after hearing the petitioner within a period of four (4) weeks from date of exchange of the documents and reply, as aforesaid.
7.The Writ Petition stands disposed as above. Consequently, connected Writ Miscellaneous Petition is closed. However, there shall be no order as to costs. Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar Jeni/vs To
1. The Tahsildar, Pallavaram Taluk, Chengalpet District.
2. The Revenue Divisional Officer, Tambaram, Chengalpet District.
3. The District Collector Chengalpattu - 603001.
+1cc to M/s.S.Deepika, Advocate, S.R.No.13444 +1cc to the Government Pleader, S.R.No.14144 W.P.No.2530 of 2022 and W.M.P.No.2665 of 2022 MT(CO) RGA(06/04/2022)