Regupathy v. The Deputy Thasildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.03.2025

CORAM

THE HON'BLE MR.JUSTICE P.B.BALAJI and W.M.P.[Md]No.4250 of 2025 Regupathy : Petitioner Vs.

1.The Deputy Tahsildar, Alangudi Taluk, Pudukottai District.

2.The Village Administrative Officer, Keeramangalam Village, Alangudi Taluk, Pudukottai District.

: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the first respondent in ref.No.2024/0103/22/315116 dated nil and quash the same and consequently direct the first respondent to issue separate patta in S.No.154/3A5 in Keeramangalam Village, Aranthangi Taluk, 1/5

Pudukkottai District based on the decree and judgment in O.S.No. 160/2006 passed by the District Munsif Court, Arnathangi within time frame fixed by this Court.

For Petitioner : Mr.N.Jeyaram Sidharth For Respondents 1 & 2 : Mr.B.Saravanan Additional Government Pleader

O R D E R

The petitioner challenges the impugned order passed by the first respondent Tahsildar in Ref.No.2024/0103/22/315116 dated 17.02.2025.

2.The grievance of the petitioner is that without assigning any reasons and also without affording an opportunity of hearing to the petitioner, the impugned order has been passed summarily. 3.I have heard the learned Counsel for the petitioner and Mr.B.Saravana, learned Additional Government Pleader appearing for the respondents. I have also gone through the records including the impugned order.

4.The impugned order has been passed without assigning reasons and the petitioner's application for transfer of patta has been 2/5

rejected in one word as 'undefined'. It is also evident that the petitioner was not given an opportunity to present his case and none of the documents relied on by the petitioner have even been discussed in the order and there has been violation of principles of natural justice warranting interference.

5.In fine, this Writ Petition is allowed and the impugned order dated 17.02.2025, on the file of the first respondent is set aside and the matter remitted to the first respondent to consider the petitioner's application dated 30.09.2024 on merits and in accordance with law, after giving opportunity by way of personal hearing to the petitioner. The said exercise shall be completed within a period of eight [8] weeks from the date of receipt of a copy of this order. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

05.03.2025 Index :Yes / No Internet : Yes / No NCC : Yes/No MR 3/5

To 1.The Deputy Tahsildar, Alangudi Taluk, Pudukottai District.

2.The Village Administrative Officer, Keeramangalam Village, Alangudi Taluk, Pudukottai District.

4/5

P.B.BALAJI.

, J.

MR 05.03.2025 5/5