G.Rose v. The Secretary To Government

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21-04-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH and WMP No. 14546 of 2025 G.Rose Petitioner(s) Vs

1. The Secretary To Government Department of Revenue, Secretariat, Fort St Geroge, Chennai 600 009.

2.The District Collector, Thiurvallur, Thiruvallur District, Thiruvallur 3.The Tahsilar, Madavaram Taluk Gandhi Mainroad, Balaji Naar, Puzhal, Chennai 600 066.

Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for records connected to order passed by the 3d respondent in file no.2024/0105/02/304862 dated

2/6 03.06.2024 and quash the same consequently directing the 3rd respondent to issue patta in favour of petitioner.

For Petitioner(s):

Mr.D.Muthukumarappa For Respondent(s):

Mr.P.Sathish Additional Government Pleader

ORDER

This writ petition has been filed against the impugned online refusal order passed by the 3 rd respondent dated 03.06.2024 refusing to transfer the patta in favour of the petitioner.

2.Heard Mr.D.Muthukumarappa, learned counsel appearing on behalf of the petitioner and Mr.P.Sathish, learned Additional Government Pleader appearing on behalf of respondents.

3.The petitioner is placing reliance upon the title documents and also the original joint patta that stood in the name of the petitioner's grand mother in Patta No.720. The petitioner submitted an online application on 25.04.2024 seeking for patta in her name. The same has been rejected through the impugned

3/6 online rejection order dated 03.06.2024. Aggrieved by the same, the present writ petition has been filed before this Court.

4.The 3 rd respondent has rejected the application submitted by the petitioner by means of a non-speaking order. The online rejection order states that the linked document was not submitted by the petitioner and there was no Surveyor report. If the 3 rd respondent wanted to get any clarification, he could have called the petitioner for an enquiry and collected all the relevant documents. Instead, the application has been rejected in a mechanical fashion. 5.In the light of the above discussion, the impugned online refusal order dated 03.06.2024 issued by the 3 rd respondent, is hereby quashed and the matter is remanded back to the file of the 3 rd respondent. The 3 rd respondent is directed to conduct an enquiry and collect the necessary documents from the petitioner and if required to conduct a survey and pass necessary orders, within a period of four weeks from the date of receipt of copy of this order.

4/6 6.In the result, this writ petition stands allowed with the above directions. No Costs. Consequently, connected miscellaneous petition is closed. 21-04-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes ssr

5/6 To

1. The Secretary To Government Department of Revenue, Secretariat, Fort St Geroge, Chennai 600 009.

2.The District Collector, Thiurvallur, Thiruvallur District, Thiruvallur 3.The Tahsilar, Madavaram Taluk Gandhi Mainroad, Balaji Naar, Puzhal, Chennai 600 066.

6/6 N.ANAND VENKATESH J.

ssr 21-04-2025