Mohamed Nasimuddin v. District Revenue Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.12.2024

CORAM:

THE HONOURABLE Ms.JUSTICE P.T. ASHA and W.M.P.No.40516 of 2024 Mohamed Nasimuddin ... Petitioner Vs 1.District Revenue Officer, District Collector Office, GST Road, Chengalpattu, Tamil Nadu-603 111.

2.The Sub-Collector, District Collector Office, GST Road, Chengalpattu, Tamil Nadu-603 111.

3.The Tahsildar, VOC Nagar, Chengalpattu, Tamil Nadu-603 001.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of 1/6

India seeking to issue a Writ of Certiorarified Mandamus, calling for the records on the file of the 1st Respondent pertaining to the Order in e/f/vz;/11184/2024/ M 4(Na.Ka.No.11184/2024/B4) dated 14.10.2024 and quash the same and consequently direct the 3rd respondent to issue patta in the name of the petitioner in respect of an extent of 1Acre and 31 Cents in Survey No.13/3B1, Egai Village, Thirukazhukundram, Chengalpattu District, within a time limit to be fixed by this Court. For Petitioner : Mr.B.Arvind Srevatsa For Respondents : Mr.A.Selvendran Special Government Pleader

ORDER

This Writ Petition is filed for a Certiorarified Mandamus, calling for the records on the file of the 1st Respondent pertaining to the Order in e/f/vz;/11184/2024/ M 4(Na.Ka.No.11184/2024/B4) dated 14.10.2024 and quash the same and consequently direct the 3rd respondent to issue patta in the name of the petitioner in respect of an extent of 1Acre and 31 Cents in Survey No.13/3B1, Egai Village, Thirukazhukundram, Chengalpattu District, within a time limit to be fixed by this Court.

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2. The ground which has been mainly canvassed is that the impugned order has been passed without notice to the petitioner and it is a non-speaking one. This fact is also admitted by the respondents that notice has been issued only to the petitioner's vendor and not the petitioner.

3. Heard the learned counsels on either side.

4. The petitioner would submit that the impugned order dated 14.10.2024 has been passed by the 1st respondent on a representation made by the petitioner to the 3rd respondent / Tahsildar, who is the competent authority for issuance of patta. The 1st respondent passed the impugned order without notice to the petitioner.

5. Therefore, on this limited ground, this writ petition is allowed and the impugned order is set aside and the matter is remitted back to 3/6

the 1st respondent for fresh consideration and pass orders after issuing notice to the petitioner within a period of three months from the date of receipt of a copy of this order. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 10.12.2024 Index: Yes/No Speaking order/non-speaking order ssn To 1.District Revenue Officer, District Collector Office, GST Road, Chengalpattu, Tamil Nadu-603 111.

2.The Sub-Collector, District Collector Office, GST Road, Chengalpattu, Tamil Nadu-603 111.

3.The Tahsildar, VOC Nagar, Chengalpattu, 4/6

Tamil Nadu-603 001.

P.T.ASHA, J., ssn 5/6

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