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Madras High CourtWP/6289/2025allowed

Ananthan v. The Tasildar

2025-02-26Honourable Mr Justice N. Anand Venkatesh6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-02-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH AND WMP NO. 6923 OF 2025,WMP NO. 6921 OF 2025

1. ANANTHAN S/o.Mariappathevar, Residing At No.51, Kallapuram Road, West Komaralingam, Madathukulam, Tiruppur District.

Petitioner(s) Vs

1. The Tahsildar O/o.The Tasildar, Madathukulam, 2.The Zonal Deputy Tasildar, Madathukulam Taluk, Tiruppur District.

3.The Village Administrative Officer O/o.The Village Administrative Officer, West Komaralingam, Madathukulam 4.Kamala Ganapathy Subramaniam, W/o.Late.Ganapathy Subramaniam,

Residing At No.2, Justice Jambulignam Road, Mylapore, Chennai-600 004.

Respondent(s) PRAYER Writ petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus to call for the records in connection with the order vide Koppu No.2024/ 0103/ 32/ 597499 dated 02.08.2024 on the file of the 2nd respondent herein and quash the same and to direct the respondents herein to transfer the patta in the name of the petitioner for the property bearing S.No.828/2, patta No.100, situated at West Komaralingam village, within the sub-registration district of Kaniyur, Registration district Tiruppur, Tiruppur District measuring an extent of 0.28 cents of Punchai land For Petitioner(s):

S.Madhusudanan For Respondents A.Selvendran, Special Government Pleader

ORDER

This writ petition has been filed challenging the impugned on-line rejection order passed by the 2 nd respondent dated 02.08.2024 and for a consequential direction to the respondents to transfer the patta in the name of

the petitioner with respect to the subject property. 2.

Heard Mr.S.Madhusudanan, learned counsel for the petitioner and Mr.A.Selvendran, learned Special Governemnt Pleader for respondents 1 to 3. 3.

The petitioner is claiming right over the subject property by virtue of a registered Settlement deed dated 09.02.2024 which was executed by the 4 th respondent in favour of the petitioner. Based on the same, the petitioner submitted an application for transfer of patta in his name on 02.08.2024. The grievance of the petitioner is that the 2 nd respondent without assigning any reasons, has rejected the application through on-line rejection order dated 02.08.2024. Aggrieved by the same, the present writ petition has been filed before this Court.

4.

In the considered view of this Court, if the 4 th respondent is not inclined to grant patta in favour of the petitioner or wants to get any clarification from the petitioner before passing an order, the petitioner ought to have been put

on notice and thereafter, any orders shall be passed in accordance with law. Instead the 2 nd respondent has passed an on-line rejection order without assigning any reasons. The same is liable to be interfered by this Court and the same is hereby set-aside. There shall be a direction to the 2 nd respondent to deal with the application made by the petitioner on 02.08.2024 on its own merits and in accordance with law after affording an opportunity to the petitioner and orders shall be passed within a period of four weeks from the date of receipt of a copy of this order.

5.

In the result, this writ petition is allowed with the above directions. No costs. Consequently, the connected miscellaneous petitions are closed. 26-02-2025 To 1.The Tasildar O/o.The Tasildar, Madathukulam, 2.The Zonal Deputy Tasildar, Madathukulam Taluk, Tiruppur District.

3.The Village Administrative Officer O/o.The Village Administrative Officer, West Komaralingam, Madathukulam 4.Kamala Ganapathy Subramaniam, W/o.Late.Ganapathy Subramaniam, Residing At No.2, Justice Jambulignam Road, Mylapore, Chennai-600 004.

Index:Yes/No Speaking/Non-speaking order Internet:Yes

N.ANAND VENKATESH J.

rka AND WMP NO. 6923 OF 2025,WMP NO. 6921 OF 26-02-2025