K. Ramamoorthi v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.03.2025
CORAM
THE HONOURABLE MR.JUSTICE P.B.BALAJI and W.M.P(MD)Nos.5495 & 5497 of 2025 1.K.Ramamoorthi 2.Meenal ... Petitioners Vs.
1.The District Collector, Ramanathapuram District, Ramanathapuram.
2.The Zonal Deputy Tahsildar, Kadaladi Taluk, Ramanathapuram District 3.The Village Administrative Officer, Punavasal Village, Kadaladi Taluk, Ramanathapuram District.
4.Santhakumar 5.R.Muthuramalingam 6.Kavitha ... 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 1/4
to the Impugned Order passed by the 2nd respondent in his Proceedings in File No.2025/0103/27/207428, dated 24.02.2025 and quash the same and consequently direct the 2nd respondent to issue Patta in favour of the Petitioners pertaining to the land comprised in Survey No. 151/2D and 304/1B to an extent of 33.0 Ares situated at Punavasal Village, Kadaladi Taluk, Ramanathapuram District.
For Petitioners : Mr.C.Mayil Vahana Rajendran For R1 - R3 : Mrs.K.Malathi Additional Government Pleader
O R D E R
The petitioners challenges the impugned order of the 2nd respondent, dated 24.02.2025, wherein their request for transfer of patta has been rejected summarily, without even affording an opportunity to them.
2. On going through the impugned order, dated 24.02.2025, it is seen that the reason for rejection is stated as merely rejected. There is no opportunity provided to the writ petitioners as contemplated under Section 10 (3) (a) of the Patta Passbook Act, 1983 and reasoned order has also not been passed. 2/4
3. In view of the same, the impugned order is set aside and the matter is remitted back to the 2nd respondent for fresh consideration, after affording an opportunity to the petitioners and any other interested parties and thereafter, pass orders, on merits and in accordance with law. The said exercise shall be completed within a period of eight (8) weeks from the date of receipt of copy of this order.
4. With the above direction, this Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed. 18.03.2025 NCC:yes/no Index:yes/no Internet:yes/no gbg To:
1.The District Collector, Ramanathapuram District, Ramanathapuram.
2.The Zonal Deputy Tahsildar, Kadaladi Taluk, Ramanathapuram District 3.The Village Administrative Officer, Punavasal Village, Kadaladi Taluk, Ramanathapuram District.
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P.B.BALAJI , J.
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