Sivakumar v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.04.2025

CORAM

THE HONOURABLE MR.JUSTICE P.B.BALAJI and W.M.P(MD)No.7067 of 2025 Sivakumar ... Petitioner Vs.

The Tahsildar, Trichy East Taluk Office, Town Hall, Trichy.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records relating to respondent proceedings made in online application, dated 19.03.2025, quash the same, and further direct him to issue patta about petitioner's property situated at Trichy District, Trichy Registration District, Trichy Joint 3 Sub-Registrar Office Range, Trichy Taluk, Trichy Town, Singarathope South Street, Municipal Old Ward 4, Old TS No.233/1 Part New Ward N(F), New Block 32, New TS No.24 Part in which 390 square feet vacant site and terraced house, within a stipulated period as may be fixed by this Court.

For Petitioner : Mr.R.Sundar 1/4

For Respondent : Mrs.K.Malathi Additional Government Pleader

O R D E R

The petitioner, aggrieved by the order of rejection of petitioner's application for issuance of patta, has approached this Court seeking to quash the online rejection order, dated 19.03.2025 on the file of the respondent.

2. Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the respondent. I have gone through the records including the order which is impugned in the present writ petition.

3. The respondent has proceeded to reject the petitioner's application on the ground that the vendor's name is not found in TSLR. Therefore, the application has been rejected. Admittedly, no opportunity was given to the petitioner before the decision to reject the petitioner's application was taken by the Zonal Deputy Tahsildar on 19.03.2025. Even under the provisions of Patta Passbook Act, proper enquiry and opportunity is contemplated under Section 10 of the Patta Passbook Act as well as the relevant rules. Therefore, the summary rejection made by the respondent is clearly unsustainable in the eye of law. 2/4

4. In fine, this Writ Petition is allowed. The impugned order passed by the respondent, dated 19.03.2025 is quashed and the matter is remitted to the respondent to consider the petitioner's application afresh, after affording a fair opportunity to the petitioner and to pass orders. The said exercise shall be completed within a period of eight (8) weeks from the date of receipt of copy of this order.

5. In view of the above, this Writ Petition stands allowed. No costs. Consequently, connected Miscellaneous Petition is closed. 04.04.2025 NCC:yes/no Index:yes/no Internet:yes/no gbg To:

The Tahsildar, Trichy East Taluk Office, Town Hall, Trichy.

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P.B.BALAJI , J.

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