Jothimani v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.B.BALAJI and W.M.P(MD).Nos.2581 and 2582 of 2025 Jothimani ... Petitioner Vs.

1.The Tahsildar, Peravurani Taluk Office, Thanjavur District.

2.The Zonal Deputy Tahsildar, Peravurani Taluk Office, Thanjavur District.

3.The Village Administrative Officer, Peravurani -1 Village, Peravurani, Thanjavur District.

4.Deepa ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned proceedings issued by the second respondent vide No.TR 1/5

2024/0103/21/457357 TR dated 18.12.2024 and quash the same as illegal and unconstitutional and consequently directing the respondents 1 to 3 to include the name of Chinnaiah Konar, who is the father-in-law of the petitioner in respect of the property comprised in S.No.74/4B2A situated at Peravurani -1 Village, Peravurani Taluk, Thanjavur District within the time stipulated by this Court. For Petitioner : Mr.Mohamed Imran for M/s.R.Venkateshwar For R1 to R3 : Mr.B.Saravanan Additional Government Pleader

ORDER

The writ petitioner challenges the impugned order of the second respondent in TR No.2024/0103/21/457357TR, dated 18.12.2024, on the ground that patta including the name of Chinnaiah Konar under whom the petitioners are claiming has been removed and patta has been mutated in the name of one Deepa, W/o Gopal/ the fourth respondent in the writ petition.

2. It is seen from the impugned order that the petitioner is one of the legal heirs of said Chinnaiah Konar, S/o Subba Konar. Admittedly, the second 2/5

respondent has not put on notice any of the legal heirs of said Chinnaiah Konar, S/o Subba Konar before proceeding to pass impugned order on 18.12.2024. This is a clear violation of the principles of natural justice and on this limited score, I am inclined to interfere and set aside the impugned order. However, the matter is remitted to the first respondent /Tahsildar, to decide the application for mutation of patta made by the fourth respondent /Deepa, after hearing the said applicant as well as the writ petitioner and the other legal heirs of Chinnaiah Konar, S/o. Subba Konar, within a period of twelve(12) weeks from the date of receipt of a copy of this order, on merits and in accordance with law.

3. With the above direction, this Writ Petition is allowed. No costs. Consequently, connected Miscellaneous Petitions are closed. 10.02.2025 Rmk NCC: Yes/No Index : Yes / No 3/5

To 1.The Tahsildar, Peravurani Taluk Office, Thanjavur District.

2.The Zonal Deputy Tahsildar, Peravurani Taluk Office, Thanjavur District.

3.The Village Administrative Officer, Peravurani -1 Village, Peravurani, Thanjavur District.

4/5

P.B.BALAJI , J.

Rmk 10.02.2025 5/5