Minor M. Kavi Shree Rep. By Her Mother/Natural Guardina, Mrs. M. Vasugi. v. The Tasildhar
WP NO. 29132 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08-08-2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ WP NO. 29132 of 2025 & WMP.No.32677 of 2025 Minor M. Kavi Shree Rep. by her Mother/natural Guardian, Mrs. M. Vasugi.
W/o. Murugan, No.52, Pillayar Koil Street, Kalivanthappattu Village, Chengalpattu District.
Petitioner(s) Vs
1. The Tahsildhar Tasildhar Office, Chengalpattu District.
2. G. Krishnan, Respondent(s) Prayer: Writ Petition filed under Art.226 of the Constitution of India praying for issuance of writ of certiorarified Mandamus calling upon the entire record in rejecting the order dated 05.05.2025 related to the patta application in CAN No.133370431553685 and application No.2025/N103/35/013158, dated 27.11.2024 and quash the same consequently, may direct the 1st respondent to issue a separate patta on the basis of the settlement deed DocNo.16270/2024 dated 02.08.2024 registered before the Thiruporur Sub Registrar Office, Chengalpattu District in accordance with law.
For Petitioner(s) : Mrs. R.Pushpalatha For Respondent(s): Mr. A. Selvendran, Spl. Govt. Pleader for R1
ORDER
By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself. In view of the order that this Court proposes to pass and also the limited relief that is sought to be granted, notice to respondent No.2 is dispensed with.
2. This Writ Petition is filed for issuance of Writ of Certiorarified Mandamus challenging the proceedings dated 05.05.2025, whereby, the petitioner's request for issuance of patta in respect of property comprised in Old Grama Natham S.No.317/1 (part), New S.No.317/8, Kalivanthapattu, Chengleput District was rejected by the 1st respondent. In this writ petition, the petitioner seeks for a consequential direction to the 1st respondent to issue separate patta on the basis of settlement deed dated 02.08.2024.
3. It is submitted by the learned counsel appearing for the petitioner that the impugned order does not assign any reason except to state that the application is rejected. The learned counsel for the petitioner would further submit that the
impugned order is a non speaking order thus in violation of principles of natural justice.
4. On this being pointed out, the learned Special Govt. Pleader appearing for the 1st respondent would submit that the the respondent authorities will redo the entire exercise and consider the applications of the petitioner and pass fresh orders after affording an opportunity of personal hearing to the petitioner and the 2nd respondent and any other interested parties within a time period to be fixed by this Court.
5. In view of the above, this court is inclined to dispose of the writ petition with the following directions;
i. The impugned order passed by the 1st respondent is set aside. ii. The 1st respondent shall re-do the entire exercise after issuing notice to petitioner, 2nd respondent and any other interested parties including rival claimants, if any and after affording them an opportunity of hearing, shall pass a speaking order on merits and in accordance with law within a period of sixteen (16) weeks from the date of uploading of the web copy without waiting for the certified copy of this order.
iii.It is made clear that this Court has not expressed any views with regard to the merits of the case and it is open to the concerned respondent to consider the matter on its own merits and in accordance with law. Rights and contentions of the petitioner and all other interested parties are left open. There shall be no order as to costs. Consequently, the connected miscellaneous petitions are closed.
08-08-2025 Index:Yes/No Internet:Yes/No msr To
1. The Tahsildhar Tasildhar Office, Chengalpattu District.
2. G. Krishnan, S/o. Ganesan, No.50, Pillaiyar Koil Street, Kalivanthappattu Village, Chengalpattu District.
MOHAMMED SHAFFIQ, J.
msr
WP NO. 29132 of 2025 & WMP.No.32677 of 2025 08.08.2025