Kalvikkarasi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.04.2024

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR W.P.No.11587 of 2024 & WMP.No.11587 of 2024 Kalvikkarasi .. Petitioner

Versus

1. The District Collector, Krishnagiri District.

2. The Revenue Divisional Officer, Krishnagiri District.

3. The Tahsildar, Uthangarai Taluk, Krishnagiri District.

.. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records on the file of the third respondent in proceedings Application No.2024/0105/31/ 550686 dated 30.03.2024 and quash the same as illegal, incompetent and without jurisdiction and further direct the third respondent to sub-divide and to issue separate patta as per registered Lok Adalat Award, document number 3316/2021.

For Petitioner : Mr.A.Arunkumar For Respondents : Mr.A.Selvendran Special Government Pleader 1/4

ORDER

With the consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.

2. This writ petition is filed to quash the impugned proceedings Application No.2024/0105/31/ 550686 dated 30.03.2024 as illegal, incompetent and without jurisdiction and further direct the third respondent to sub-divide and to issue separate patta as per registered Lok Adalat Award, document number 3316/2021.

3. Heard learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondents and perused the materials available on record.

4. The grievance of the petitioner is that he has applied for change of patta to the third respondent. However, the third respondent has passed the impugned Order rejecting the request of the petitioner without assigning any reason. Challenging the same, the present Writ Petition has been filed. 2/4

5. When an Order does not contain any reason for rejection, such an Order cannot be sustained in the eye of law. The request of the petitioner has been simply rejected without assigning any reason. Hence, the impugned Order is liable to be quashed.

6. Accordingly, this Writ Petition is allowed and impugned Order dated 30.03.2024 of the third respondent is quashed. The third respondent is directed to pass a detailed Order within a period of one month from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.

29.04.2024 vrc Index :Yes/No Internet :Yes/No : Yes/No To,

1. The District Collector, Krishnagiri District.

2. The Revenue Divisional Officer, Krishnagiri District.

3. The Tahsildar, Uthangarai Taluk, Krishnagiri District.

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N. SATHISH KUMAR , J.

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