Devarajan v. The Thaisldar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.01.2025
CORAM:
THE HONOURABLE MS.JUSTICE P.T.ASHA W.M.P.Nos.43201 & 43203 of 2024 In W.P.No.39879 of 2024:- Devarajan
...Petitioner
Vs 1.The Thasildar Tiruchengode Taluk, Namakkal District.
2.The Deputy Zonal Thasildar Tiruchengode Taluk, Namakkal District.
...Respondents
In W.P.No.39881 of 2024:- D.Sumathi
...Petitioner
Vs 1.The Thasildar Tiruchengode Taluk, Namakkal District.
2.The Deputy Zonal Thasildar Tiruchengode Taluk, Namakkal District.
1/5
3.S.Boopathy
...Respondents
PRAYER In W.P.No.39879 of 2024 :- Writ Petition filed under Article 226 of the Constitution of India, pleased to issue Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the 2nd respondent in patta Transfer sub division application No. 2024/0103/09/422998 dated 25.10.2024 and to quash the same and consequently direct the respondents to issue patta in the name of Petitioners property as per his sale deed bearing Doc.No. 3410 of 2024 dated 16.10.24 within a time to stipulated by this Court. PRAYER In W.P.No.39881 of 2024 :- Writ Petition filed under Article 226 of the Constitution of India, pleased to issue Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the 2nd respondent in patta Transfer sub division application No.
2024/0103/09/422997 dated 25.10.2024 and to quash the same and consequently direct the respondents to issue patta in the name of Petitioners property as per his sale deed bearing Doc.No. 3409 of 2024 dated 16.10.24 within a time to stipulated by this Court. For Petitioner : Mr.S.Varanesh For Respondents : Mr.A.
ORDER
The Writ Petition has been filed for the following reliefs:- 2/5
To call for the records pertaining to the impugned order passed by the 2nd respondent in patta Transfer sub division application No. 2024/0103/09/422997 dated 25.10.2024 and to quash the same and consequently direct the respondents to issue patta in the name of Petitioners property as per his sale deed bearing Doc.No. 3409 of 2024 dated 16.10.24 within a time to stipulated by this Court. 2.The petitioner's application for patta transfer and subdivision has been rejected with a one line order which reads as follows:- gl;lh khWjy; nfhUk; g[yk; - cl;gphpt[ bjhlh;ghf ePjpkd;wk; tHf;F epYitapy; cs;sJ/ 3.The above order is a non-speaking one and the petitioner is kept in the dark about the reasons for the rejection. However, the suit filed against the petitioner's vendor one Boopathy is for specific performance on the basis of a forged unregistered sale agreement and the same is being contested. Therefore, the reason given for a rejection is not made known to the petitioner.
4.It is needless to state that when an order of an authority is subject 3/5
to an appeal/revision to a higher authority a person aggrieved by such order has the right to know the ground on which he can challenge the order of the regional authority. In the judgment reported in 2010 9 SCC 496 M/s.Kranti Associates Pvt. Ltd. & Another Vs. Sh.Masood Ahmed & Others the Hon'ble Supreme Court was called upon to consider order of dismissal passed by the National Consumer disputes Redressal Commission. The learned judges observed that "an order passed by a quasi-judicial authority or even administrative authority affecting the rights of the parties must speak. It must not be like the "Inscrutable face of a Sphinx".
5.In the light of the above, the present Writ Petitions are allowed. No costs. Consequently, connected miscellaneous petitions are closed. 06.01.2025 Index : Yes/No Internet : Yes/No Speaking Order/Non Speaking Order ep P.T.ASHA , J, 4/5
ep To 1.The Thasildar Tiruchengode Taluk, Namakkal District.
2.The Deputy Zonal Thasildar Tiruchengode Taluk, Namakkal District.
W.M.P.Nos.43201 & 43203 of 2024 06.01.2025 5/5