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Madras High CourtWP(MD)/3314/2022disposed of

Andi Alias Andi Chettiyar v. The Tashildar

2022-02-22Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.02.2022

CORAM

THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE Andi alias Andi Chettiyar .. Petitioner Vs.

1.The Tahsildar, Taluk Office, Sankarankovil Taluk, Tenkasi District.

2.The Zonal Deputy Tahsildar, Taluk Office, Sankarankovil, Tenkasi District.

.. Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records of the impugned on-line rejection order of 2nd respondent dated 03.02.2022, in Application Id.2022/0103/34/292702 and quash the same and consequently direct the respondents to carry out the name correction in Patta Nos.3300, 2845, 2741 of South Sankarankovil Revenue Village, Sankarankovil Taluk, Tenkasi District.

For Petitioner : Mr.V.Muthuvelan For Respondents : Mr.D.Sasikumar Additional Government Pleader

ORDER

This writ petition has been filed challenging the rejection order of the second respondent dated 03.02.2022, in Application Id.2022/0103/34/292702 and seeking for consequential direction to the respondents to carry out the name correction in Patta Nos.3300, 2845, 2741 of South Sankarankovil Revenue Village, Sankarankovil Taluk, Tenkasi District.

2.It is the case of the petitioner that he has submitted an application for correction of Patta Nos.3300, 2845, 2741 of South Sankarankovil Revenue Village, Sankarankovil Taluk, Tenkasi District, with the respondents as according to him, the name of the petitioner has been wrongly mentioned in the said pattas. The 1/3

correct name of the petitioner is Andichettiyar. But instead, a wrong name has been mentioned in the aforementioned pattas. In such circumstances, he had sent a representation seeking for correction of his name. However, under the impugned online rejection order of the second respondent dated 03.02.2022, the said application has been rejected. Aggrieved by the same, this writ petition has been filed.

3.Heard Mr.V.Muthuvelan, learned counsel for the petitioner and Mr.D.Sasikumar, learned Additional Government Pleader, who accepts notice on behalf of the respondents.

4.By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself. 5.The learned counsel for the petitioner drew the attention of this Court to the impugned online rejection order dated 03.02.2022, passed by the second respondent. As seen from the impugned order, it is a non speaking order. The petitioner's explanation has not been considered in the said order. No reasons have been given for rejecting the petitioner's request seeking for correction of the aforementioned pattas. Therefore, the impugned order has been passed in violation of principles of natural justice and hence, it has to be necessarily quashed and remanded back to the first respondent for fresh consideration on merits and in accordance with law, after affording a fair hearing to the petitioner. 6.

Accordingly, the impugned online rejection order of the second respondent dated 03.02.2022, in Application Id.2022/0103/34/292702, is hereby quashed and the matter is remanded back to the first respondent for fresh consideration on merits and in accordance with law, after affording a fair hearing to the petitioner and the first respondent shall pass final orders, within a period of twelve weeks from the date of receipt of a copy of this order.

7.With the aforesaid directions, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CRL SIDE) // True Copy // / /2022 Sub Assistant Registrar(CS) TM 2/3

Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Tahsildar, Taluk Office, Sankarankovil Taluk, Tenkasi District.

2.The Zonal Deputy Tahsildar, Taluk Office, Sankarankovil, Tenkasi District.

+1 CC to M/s.SPL GP ( SR-8103[F] dated 23/02/2022 ) 22.02.2022 VR(CO) TR(03.03.2022) 3P 4C 3/3