S.Durairaj v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.04.2025
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and W.M.P.No.17079 of 2025 S.Durairaj S/o Subramaniam, Door No. 1/223 Pongupalayam, Kaalampalayam, Tiruppur South Taluk, Tiruppur.
Petitioner Vs
1. The District Collector Collector Office, Tiruppur.
2.The Tahsildar Avinsahi Taluk, Tiruppur 3.The Head Surveyor Avinsahi Taluk, Tiruppur.
4.The Firka Surveyor Avinashi West, Tiruppur.
Respondent(s) Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorari, calling for the records of the 2nd Respondent pertaining to his proceeding dated 12.01.2025 in 1/4
2024/0105/32/388779 and quash the same.
For Petitioner :
Mr.K.S.Karthik Raja For Respondents :
Mr.M.R.Gokul Krishnan Additional Government Pleader *****
O R D E R
This writ petition has been filed challenging the online rejection order passed by the second respondent dated 12.01.2025 and for a consequential direction to the second respondent to deal with the application submitted by the petitioner and issue patta in the name of the petitioner.
2. Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the respondents.
3. The online rejection order passed by the second respondent dated 12.01.2025 is bereft of any details. The second respondent has merely stated that there is a discrepancy with respect to the extent of the property between the patta application and sale deed that has been relied upon by the petitioner. If that is the only ground, the second respondent should have called the petitioner for an enquiry and should have got a clarification. Instead, an order without reasons has been passed. 2/4
4. In the light of the above discussion, the online rejection order passed by the second respondent dated 12.01.2025 is hereby quashed. The matter is remanded back to the file of the second respondent and the second respondent is directed to conduct an enquiry, afford an opportunity to the petitioner and pass a reasoned order, within a period of six weeks from the date of receipt of a copy of this order. In the result, this Writ Petition is allowed. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.
28.04.2025 Index: Yes/no Speaking Order/Non-Speaking Order mk To
1. The District Collector Collector Office, Tiruppur.
2.The Tahsildar Avinsahi Taluk, Tiruppur 3.The Head Surveyor Avinsahi Taluk, Tiruppur.
4.The Firka Surveyor Avinashi West, Tiruppur.
N.ANAND VENKATESH, J 3/4
mk 28.04.2025 4/4