R.Samynathan v. The Revenue Tahsildar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.02.2025
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.6411 of 2025 and W.M.P.No.7048 of 2025 R.Samynathan ... Petitioner Vs.
1.The Revenue Tahsildar, Sendamangalam Taluk, Sendamangalam 637 409, Namakkal District.
2.The Zonal Deputy Registrar, Sendamangalam Taluk, Namakkal District.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling upon the records relating to the impugned order dated 18.11.2024 made in Appin.ID. 2024/ 0103/ 09/ 430414 passed by the 2nd respondent and order dated 04.02.2025 made in File No.2025/ 0103/ 09/ 441222 passed by the 2nd respondent, quash the same and consequently direct the 1st respondent to grant patta No.655 exclusively in the petitioner's name, after deleting the name of his father late.Mr.Semban @ Ramasamy gounder, in respect of S.F. No.387/1 (5.68 Acres) S.F. No.389/3 (1.23 Acres) and S.F. No.389/4 (1.28 Acres) of Vallavanthi Combai Village, Sendamangalam Taluk, Namakkal District by considering his patta Transfer Appin. No.2024/ 0103/ 09/430414 dated 05.11.2024 and Patta Transfer Appin No.2025/ 1/4
0103/ 09/ 441222 dated 11.01.2025.
For Petitioner : Mr.N.Manokaran For Respondents : Mr.R.Murthi Government Advocate
O R D E R
This writ petition has been filed challenging the proceedings of the 2nd respondent dated 04.02.2025 and for a consequential direction to the respondent to issue patta in the name of the petitioner with respect to the subject property based on the applications submitted by the petitioner on 05.11.2024 and 11.01.2025 respectively. 2.Heard Mr.N.Manokaran, learned counsel appearing on behalf of the petitioner and Mr.R.Murthi, learned Government Advocate appearing on behalf of respondents. 3.The right and title over the subject property was decided by this Court in S.A.No.211 of 2015 by judgement and decree dated 18.05.2022. This judgement was also reported in 2022 3 CTC 703.
4.After the above judgement was passed, a review application was filed in Rev.App.No.126 of 2022 and the review application was also allowed by an order dated 27.02.2024. Thereafter, online application was made seeking for patta and the same has 2/4
been rejected by the 2nd respondent through the online rejection order. 5.In the considered view of this Court, the respondents did not take into consideration the judgement passed in the second appeal and also the subsequent order passed in the review application. Hence, there is complete non-application of mind and the rejection order dated 18.11.2024, is liable to be interfered on this ground alone. 6.In the result, this writ petition is allowed and there shall be a direction to the respondents to act upon the application submitted by the petitioner and to issue patta in favour of the petitioner by passing appropriate orders, within a period of four weeks from the date of receipt of copy of this order. No Costs. Consequently, connected miscellaneous petition is closed.
26.02.2025 Internet : Yes Index : Yes Speaking Order / Non Speaking Order ssr 3/4
N. ANAND VENKATESH, J.
ssr To 1.The Revenue Tahsildar, Sendamangalam Taluk, Sendamangalam 637 409, Namakkal District.
2.The Zonal Deputy Registrar, Sendamangalam Taluk, Namakkal District.
W.P.No.6411 of 2025 and W.M.P.No.7048 of 2025 26.02.2025 4/4