Madras High CourtWP/15872/2025disposed of

Eswaramoorthy v. The Zonal Deputy Tahsildar

2025-06-02Honourable Mr Justice Mohammed Shaffiq4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.06.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ WP No.15872 of 2025 and WMP No.17960 of 2025 Eswaramoorthy Petitioner(s) Vs 1.The Zonal Deputy Tahsildar O/o.The Tahsildar, Nambiyur Taluk Office, Nambiyur Taluk, Erode District.

2.Sathiskumar 3.Malarvizhi 4.Manickam Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus calling for the records relating to the proceedings made in file no.2024/0103/10/466617 on the file of the 1st respondent / Zonal Deputy Tahsildar, Nambiyur dated 11.07.2024 and quash the same and further direct the 1st respondent to issue patta for the land in Survey No.80/6 to an extent of 0.77.0 hectare and the land in Survey No.80/7 to an extent of 0.87.0 hectare totally 1.64.0 hectares in Irukalur Village,Nambiyur Taluk, Erode District.

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For Petitioner(s) : Mr.D.Veerasekaran For Respondent(s) : Mr.A.Selvendran Special Govt. Pleader (for R1) Mr.V.Anandhamurthy (for R2, R3)

ORDER

The present writ petition is filed praying for a writ of Certiorarified Mandamus calling for the records relating to the proceedings made in file no.2024/0103/10/466617 on the file of the 1st respondent / Zonal Deputy Tahsildar, Nambiyur dated 11.07.2024 and quash the same and further direct the 1st respondent to issue patta for the land in Survey No.80/6 to an extent of 0.77.0 hectare and the land in Survey No.80/7 to an extent of 0.87.0 hectare totally 1.64.0 hectares in Irukalur Village,Nambiyur Taluk, Erode District.

2. It is the case of petitioner that in the column "reasons for rejection" there is no reason which is set out, except that there is objection by other side. It is submitted that the impugned order has adverse civil consequence and therefore ought to be made in compliance with principles of natural justice and that the impugned order must be set aside.

3. Mr.A.Selvendran, learned Special Government Pleader for 1st respondent would submit that they would re-consider the same and pass a 2/4

speaking order after affording the petitioners and any other interested parties/ stakeholders a reasonable opportunity of hearing, within a period of 4 weeks from the date of receipt of a copy of this order.

4. In view thereof, without going into the merits of the case, the writ petition stands disposed of with a direction to the 1st respondent to reconsider and pass a speaking order after affording the petitioners, respondents 2 to 4 /interested parties/ stakeholders a reasonable opportunity of hearing, within a period of 4 weeks from the date of receipt of a copy of this order. No costs. Consequently, the connected miscellaneous petition is closed. 02.06.2025 Speaking (or) Non Speaking Order Index : Yes/ No mka To:

The Zonal Deputy Tahsildar, O/o.The Tahsildar, Nambiyur Taluk, Office, Nambiyur Taluk, Erode District.

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MOHAMMED SHAFFIQ, J.

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