Shanthi Rajasekar v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-10-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH AND WMP NO. 44512 OF 2025

1. Shanthi Rajasekar W/o Late Rajasekar, No 91/1, 10th Street, Anna Nagar East, Chennai 600 102 Petitioner(s) Vs The Tahsildar Tiruvallur Taluk, Tiruvallur District Respondent(s) PRAYER Writ petition filed under Article 226 of Constitution of India for the issue of writ of Certiorarified Mandamus to call for the records relating to the order in File No 2025/ 0105/ 018/ 639825 dated 10.03.2025 on the file of the respondent and quash the same and further direct the respondent to effect Sub Division Patta in respect of plot Nos 13, 14, 15, 16, 17, 23, 24, 14, 36, 37, 38 and 39 totally to an extent of 19780 Sq.ft M.A.S. Nagar comprised in Survey nos 210/1 210/2 and 210/3 situated in Monnavedu Village, Tiruvallur Taluk and District in the name of the petitioner and pass orders.

For Petitioner(s): Mr.K.Balaji For Respondent:

Mr.D.Ravichander Special Government Pleader

ORDER

This writ petition has been filed challenging the impugned proceedings of the respondent dated 10.03.2025 and for a consequential direction to the respondent to effect sub-division patta in respect of the subject property in the name of the petitioner. 2.

Heard Mr.K.Balaji, learned counsel for the petitioner and Mr.D.Ravichander, learned Special Government Pleader for respondent.

3.

The case of the petitioner is that she is the owner of the subject property by virtue of Sale deeds which were registered as document Nos.5746 to 5750 of 2015. The petitioner applied for sub division and transfer of patta in her name and accordingly, the petitioner filed an on-line application before the respondent. 4.

The grievance of the petitioner is that the respondent through the impugned on-line rejection order dated 10.03.2025, has

rejected the application on the ground that a Court case is pending. The petitioner has taken a very specific stand that to the best of the knowledge of the petitioner, no Court case is pending with respect to the subject property and that the respondent without affording any opportunity to the petitioner has straight away proceeded to reject the on-line application. It is under these circumstances, the present writ petition has been filed before this Court. 5.

In the considered view of this Court, if the respondent was of the view that some Court case is pending with respect to the subject property, the respondent could have called the petitioner for an enquiry and clarified the same. Without doing so, the respondent has unilaterally rejected the application. The on-line rejection order is clearly in violation of the principles of natural justice. Hence, the on-line rejection order has to be necessarily interfered by this Court and accordingly, the same is hereby set-aside. 6.

The matter is remanded back to the file of the respondent. The respondent is directed to call the petitioner for an enquiry and seek for the necessary clarification and take a final decision on its own merits and in accordance with law, within a period of six weeks

from the date of receipt of a copy of this order. 7.

In the result, this writ petition is allowed with the above directions. No costs. Consequently, the connected miscellaneous petition is closed.

24-10-2025 rka Index:Yes/No Speaking/Non-speaking order Internet:Yes

To The Tahsildar Tiruvallur Taluk, Tiruvallur District

N.ANAND VENKATESH J.

rka WMP NO. 44512 OF 2025 24-10-2025