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Madras High CourtWP(MD)/8684/2025allowed

M. Mahendran v. The Zonal Deputy Thasildar

2025-03-28Honourable Mr Justice P.B. Balaji4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.03.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI and W.M.P(MD)Nos.6501 & 6542 of 2025 M.Mahendran .... Petitioner /Vs/ The Zonal Deputy Tahsildar, Madurai East Taluk, Madurai District.

.... Respondent PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the entire records relating to the impugned orders passed by the respondent order in File No.2025/0103/375946 dated 21.03.2025 and quash the same and consequently direct the respondent to issue patta in his name in respect of survey No.65/2A and 66/2 situated at Sakkimangalam, Madurai based on the WILL dated 16.03.2021.

For Petitioner : Mr.C.Susi Kumar for M/s.Subash Law Office For Respondent : Mr.M.Lingadurai Special Government Pleader 1/4

ORDER

The petitioner challenges the order of the respondent dated 21.03.2025 rejecting the petitioner's application without any notice or opportunity being given to the petitioner.

2. I have gone through the affidavit filed in support of the writ petition and also the order impugned in the writ petition. It is clear from the impugned order that the petitioner's application has been summarily rejected without conducting any enquiry or hearing the petitioner.

3. In view of the above, the impugned order is set aside and the matter is remitted to the respondent for fresh consideration of the petitioner's application after providing an opportunity to the petitioner by way of personal hearing and thereafter, the respondent shall pass orders, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. 2/4

4. In the result, the writ petition is allowed. No costs. Consequently, connected miscellaneous petitions are closed. Index : Yes / No NCC : Yes / No 28.03.2025 am To The Zonal Deputy Tahsildar, Madurai East Taluk, Madurai District.

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P.B. BALAJI , J.

am Order made in Dated:

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