P.Palanisamy v. The Tashildhar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07-03-2025
CORAM
THE HONOURABLE MR JUSTICE N. ANAND VENKATESH W.P No.
of 2025 and W.M.P.No.8565 of 2025 P.Palanisamy ... Petitioner Vs 1.The Tahsildar Sankari Taluk, Salem District.
2.The Zonal Deputy Tahsildar Sankari Taluk, Salem District.
3.The Village Administrative Officer Arasiramani Beat-2 Sankari Taluk, Salem District.
... Respondents PRAYER Writ Petition under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus to quash the refusal order issued by the respondent in petition No.2024/0103/08/497299 dated 24.09.2024 and directing the respondents to issue Patta in the name of the petitioner as requested. 1/4
For Petitioner:
Ms.M.V.Saranya For Respondent:
Mr.M.R.Gokul Krishnan Additional Government Pleader for RR 1 to 3
ORDER
This writ petition has been filed challenging the impugned proceedings of the first respondent dated 24.09.2024, wherein the first respondent has refused to transfer the patta in the name of the petitioner.
2. Heard Ms.M.V.Saranya for the petitioner and Mr.M.R.Gokul Krishnan, learned Additional Government Pleader for the respondents.
3. The petitioner is claiming right and title over the subject property by virtue of the registered sale deed dated 08.06.2011 registered as Document No.2070 of 2011. The patta as on today stands in the name of Sellappan and Kuppana Nadar, who are the ancestors of the vendor of the petitioner. The petitioner, after the purchase of the property, submitted an online application seeking for transfer of patta in his name. The same was rejected through an online rejection order dated 24.09.2024. Aggrieved by the same, the present writ petition has been filed. 2/4
4. In the considered view of this Court, if the first respondent was not convinced with the application submitted by the petitioner and the documents relied upon, the first respondent could have called the petitioner for an enquiry and passed a detailed order by assigning proper reason. The application has now been rejected with a two line order through online mode. The same is liable to interfered by this Court since the order is not supported by sufficient reasons.
5. In the light of the above discussion made, the online rejection order passed by the first respondent dated 24.09.2024 is hereby set aside. The matter is remanded back to the file of the first respondent. The first respondent shall conduct a proper enquiry and pass a reasoned order within a period of four weeks from the date of receipt of a copy of this order. In result, the writ petition is allowed in the above terms. No costs. Consequently, connected miscellaneous petition is closed. 07-03-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes KST 3/4
N.ANAND VENKATESH, J.
KST 1.The Tahsildar Sankari Taluk, Salem District.
2.The Zonal Deputy Tahsildar Sankari Taluk, Salem District.
3.The Village Administrative Officer Arasiramani Beat-2 Sankari Taluk, Salem District.
W.P.No.7638 of 2025 07.03.2025 4/4