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Madras High CourtWP(MD)/8226/2025allowed

Murugeswari v. The District Collector

2025-03-25Honourable Mr Justice P.B. Balaji5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.03.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI and W.M.P(MD)Nos.6174 & 6176 of 2025 Murugeswari .... Petitioner /Vs/

1. The District Collector Tenkasi District, Tenkasi.

2. The Revenue Divisional Officer Sankarankovil Division, Sankarankovil,

3. The Tahsildar Sankarankovil Taluk, Sankarankovil,

4. V.Murugan

5. Muthulakshmi

6. Sangarapandian

7. Subbulakshimi .... Respondents 1/5

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the 3rd respondent the Tahsildar Sankarankovil Taluk, Tenkasi District by his proceedings by his order vide file No.2024/0105/34/303987 dated 14.09.2024 and quash the same and pass direction to these respondents 1 to 3 to subdivide and issue patta in the name of this petitioner for her land of 0.08.54 Hecs (22 Cents) land from the total extent of 0.26.0 Hecs (64 Cents) in S.No.114/2 in Poigai revenue village, Sankarankovil Taluk , For Petitioner : Mr.F.X.Eugene For R1 to R3 : Mrs.K.Malathi Additional Government Pleader

ORDER

The petitioner challenges the impugned order of the third respondent dated 14.09.2024. The petitioner's application has been rejected citing the reasons for rejection as 'rejected'.

2. This Court has already come down very heavily on such summarily rejections and without any opportunity to the applicant, who have sought for issuance of patta.

3. Therefore, the impugned order is liable to be set aside. The 2/5

matter is remitted to the third respondent for fresh consideration of the petitioner's application for issuance of patta after giving an opportunity of personal hearing to the petitioner to present all documents in support his contentions thereafter, the third respondent shall pass orders, on merits and in accordance with law, within a period of two weeks from the date of receipt of a copy of this order.

4. In view of the above, the writ petition is allowed. No costs. Consequently, connected miscellaneous petitions are closed. Index : Yes / No NCC : Yes / No 25.03.2025 am 3/5

To

1. The District Collector Tenkasi District, Tenkasi.

2. The Revenue Divisional Officer Sankarankovil Division, Sankarankovil,

3. The Tahsildar Sankarankovil Taluk, Sankarankovil, P.B. BALAJI , J.

4/5

am Order made in Dated:

25.03.2025 5/5