Subbulakshmi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 22.01.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No. 1217 of 2025 & W.M.P.No. 1461 of 2025 Subbulakshmi

...Petitioner

Vs.

1.The District Collector Coimbatore District 2.The Tahsildar Coimbatore North Taluk , Coimbatore District 3.The Managing Director Tamilnadu Housing Board, Coimbatore Division, Coimbatore

...Respondents

Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, to call for the records 1/6

of the 2nd respondent rejected online application dated 02.09.2024 in no 2024/ 0105 / 12 / 545405 and quash the same and consequently directing the 2nd respondent in survey no 149 / 2, 149/3, 149/4a, 149/5a, 149/6a to an extent of 4.43 1⁄2 acres in Vilankurichi Village, Coimbatore North Taluk, Coimbatore, to issue separate patta in the name of the petitioner based on the application dated 09.08.2024 For Petitioner :

Mr. M.Selvam For Respondents :

Mr. A.Selvendran 1 & 2 Special Government Pleader.

O R D E R

The Writ Petition is filed for the following relief: "To call for the records of the 2nd respondent rejected online application dated 02.09.2024 in no 2024/ 0105 / 12 / 545405 and quash the same and consequently directing the 2nd respondent in survey no 149 / 2, 149/3, 149/4a, 149/5a, 149/6a to an extent of 4.43 1⁄2 acres in 2/6

Vilankurichi Village, Coimbatore North Taluk, Coimbatore, to issue separate patta in the name of the petitioner based on the application dated 09.08.2024".

2. Challenging the non speaking one line order, the petitioner is before this Court.

3. Heard the learned counsels and perused the records.

4. A perusal of the impugned order would clearly show that it is a non speaking one line order. The impugned order reads as follows: "

Survey No. / Subdivision No Reason For Rejection 149/2 TNHB 149/3 TNHB 149/4A TNHB 149/5A TNHB 149/6A TNHB nky; Fwpg;gpl;l fhuzj;jhy; jh';fs; nfhupf;if Vw;f 3/6

,ayhJ"

5. A mere perusal of the impugned order clearly shows that the order is a non speaking one passed without considering the documents of the petitioner. Therefore, the impugned order has to be necessarily set aside.

6. Accordingly, the Writ Petition is allowed. The impugned order is quashed and the matter is remitted back to the file of the 2nd respondent to consider and pass orders by holding enquiry after due notice to the parties concerned and afford them personal hearing. The said exercise shall be completed within a period of 8 weeks, from the date of receipt of a copy of this order. Consequently, the connected miscellaneous petition is closed. No costs.

22.01.2025 Index : Yes/No Internet : Yes/No kan 4/6

To 1.The District Collector Coimbatore District 2.The Tahsildar Coimbatore North Taluk , Coimbatore District 3.The Managing Director Tamilnadu Housing Board, Coimbatore Division, Coimbatore.

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P.T. ASHA, J, kan W.P.No. 1217 of 2025 22.01.2025 6/6