Suriyamoorthi v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.03.2025

CORAM

THE HON'BLE MR.JUSTICE P.B.BALAJI and W.M.P.(MD)Nos.6353 & 6354 of 2025 Suriyamoorthi : Petitioner Vs.

1.The Tahsildar, Nilakottai Taluk, Dindigul District.

2.The Zonal Deputy Tahsildar, Nilakottai Taluk, Dindigul District.

3.S.P.Palanisamy : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, issue a of a Writ of Certiorarified Mandamus, to call for the records of the impugned order passed by the second respondent vide proceedings in T.R.2024/0103/13/334766TR dated on 20.09.2024 and quash the same as illegal and consequently direct the 1/5

respondents 1 and 2 to restore the patta in the name of the petitioner within a stipulated time that may be fixed by this Court. For Petitioner : Mr.R.Karunanidhi For Respondents 1 & 2 : Mr.M.Lingadurai Special Government Pleader

O R D E R

The petitioner has challenged the order of the second respondent granting patta to the third respondent by including the name of the third respondent's father in the joint patta. Admittedly, the patta was mutated in the name of the petitioner and without any notice or enquiry, the second respondent has proceeded to pass orders including the name of the third respondent's father in the joint patta.

2.In view of the above, the order which is impugned in the present Writ Petition is violative of principles of natural justice and consequently unsustainable in law.

3.Accordingly, the Writ Petition is allowed and the impugned order in T.R.2024/0103/13/334766TR dated on 20.09.2024, is set aside and the matter is remitted to the first 2/5

respondent for considering the petitioner's application, after giving an opportunity of hearing to the petitioner as well as the third respondent and pass orders on merits and in accordance with law within a period of twelve [12] weeks from the date of receipt of a copy of this order. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. 27.03.2025 Index :Yes / No Internet : Yes / No NCC : Yes/No MR 3/5

To 1.The Tahsildar, Nilakottai Taluk, Dindigul District.

2.The Zonal Deputy Tahsildar, Nilakottai Taluk, Dindigul District.

4/5

P.B.BALAJI.

, J.

MR 27.03.2025 5/5