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Madras High CourtWP/25616/2024allowed

D.Vinodhini v. The Thasildar

2024-09-13Honourable Mr Justice S. Sounthar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.09.2024

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR and W.M.P.No.27972 of 2024 D.Vinodhini ... Petitioner vs.

1.The Thasildar Melmalaiyanur Taluk Taluk Office, Melmalaiyanur Villupuram District - 604204 2.The Secretary to Government Revenue Department, Government of Tamil Nadu Secretariat Fort St. George, Chennai - 600 009.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of the 1st Respondent vide his proceedings in File No. 2024/0105/07/546371 1/6

dated 30.05.2024 and quash the same and direct the 1st Respondent to issue Patta in the names of the legal heirs of Late Mr. N. Dass i.e., (1) Mrs. Achammal, (2) Mr. D. Vignesh and (3) Mrs. D. Vinodhini, within a time stipulated by this Court.

For Petitioner : Mr.S.Shyam Kumar for M/s.L.Senthil Kumar For Respondents : Mr.P.Sathish Additional Government Pleader

O R D E R

Challenging the online information provided to the petitioner that her application for change of patta in Application No.2024/0105/07/546371 was rejected, the petitioner has come by way of this writ petition.

2. Since the petitioner has not produced the detailed order passed by the 1st respondent rejecting the application filed by the petitioner seeking change of patta, the learned Additional Government Pleader for the 2/6

respondents was directed to take instructions from the 1st respondent to ascertain the fact whether any detailed order was passed by the 1st respondent.

3. When the matter is taken up for hearing, the learned Additional Government Pleader appearing for the respondents, on written instructions from the 1st respondent, submitted that after receipt of online application from the petitioner, an attempt was made to contact the petitioner through phone to direct her to produce the supporting documents, as she failed to produce supporting document in the online application. However, there was no response and accordingly, her application was rejected. However, no detailed order was passed and the same was communicated to the petitioner.

4. In view of the said statement made by the learned Additional Government Pleader, the online application of the petitioner was not considered and detailed order was passed, the impugned communication dated 30.05.2024 in online portal as if, the online application of the petitioner was rejected is quashed and the petitioner is directed to submit the supporting documents before the 1st respondent within a period of two 3/6

weeks from the date of receipt of a copy of this order. The 1st respondent is directed to consider the request of the petitioner for change of patta in the light of the supporting documents to be submitted by the petitioner and pass final orders within a further period of four weeks from the date of submission of supporting documents by the petitioner.

5. With the above directions, the Writ Petition stands allowed. No costs. Consequently, the connected writ miscellaneous petition is closed. 13.09.2024 Index : Yes/No Speaking order:Yes/No dm 4/6

To 1.The Thasildar Melmalaiyanur Taluk Taluk Office, Melmalaiyanur Villupuram District - 604204 2.The Secretary to Government Revenue Department, Government of Tamil Nadu Secretariat Fort St. George, Chennai - 600 009.

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S.SOUNTHAR, J.

dm 13.09.2024 6/6