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Madras High CourtWP/41008/2025allowed

V.G.Krishna Murthi v. The Tahsidlar

2025-11-04Honourable Mr Justice N. Anand Venkatesh6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-11-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH AND WMP NO. 45964 OF 2025

1. V.G.Krishna Murthi S/o. V. Govindaswami, No.30/31, Ameen Beeran Durga Street, Arcot, Ranipet District.

Petitioner(s) Vs

1. The Tahsidlar Sholinghur Taluk, Sholinghur.

Respondent(s) PRAYER Writ petition filed under Article 226 of Constitution of India for the issuance of writ of Certiorarified Mandamus to call for the records of the respondent made in dated 16.02.2025 made in 2025/0103/37/293813 and quash the same and consequently direct the respondent to effect sub division and transfer of patta in the name of the petitioner on the basis of petitioners application dated 16.02.2025.

For Petitioner(s): M/s.G.Jeremiah

For Respondent:

Mr.C.Jayaprakash Government Advocate

ORDER

This writ petition has been filed challenging the on-line rejection order dated 16.02.2025 passed by the respondent and for a consequential direction to the respondent to effect sub-division and to transfer patta in the name of the petitioner. 2.

Heard Mr.G.Jeremiah, learned counsel for the petitioner and Mr.C.Jayapraksh, learned Government Advocate for respondent. 3.

The case of the petitioner is that he purchased the subject property by virtue of a registered Sale deed dated 29.12.2021. The joint patta stands in the name of the petitioner. The petitioner submitted an application for sub-division and for transfer of patta in his name.

4.

The grievance of the petitioner is that the respondent through an on-line rejection order without assigning any reasons rejected the application and aggrieved by the same, the present writ petition has been filed before this Court.

5.

In the considered view of this Court, if the respondent wanted to take any clarification from the petitioner, the petitioner should have been called for an enquiry and after affording an opportunity to the petitioner, orders should have been passed. Unfortunately, the on-line rejection order has been passed without assigning any reasons whatsoever. Hence, the on-line rejection order passed is in violation of principles of natural justice. 6.

In the light of the above discussion, the on-line rejection order passed by the respondent in 2025/0103/37/293813 dated 16.02.2025, is hereby set-aside and the matter is remanded back to the file of the respondent and the respondent shall deal with the application submitted by the petitioner on 16.02.2025 on its own merits and in accordance with law and pass a reasoned order, after affording opportunity to the petitioner within a period of four 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.

04-11-2025 rka Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Tahsidlar Sholinghur Taluk, Sholinghur.

N.ANAND VENKATESH J.

rka WMP NO. 45964 OF 2025 04-11-2025