Backialakshmi K v. Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.04.2025

CORAM

THE HONOURABLE MR.JUSTICE P.B.BALAJI and W.M.P(MD)Nos.7393 & 7394 of 2025 K.Backialakshmi ... Petitioner Vs.

The Tahsildar, Paramakudi Taluk, Ramanathapuram District.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, to call for the records pertaining to the impugned order passed by the respondent in his proceedings in File No. 2024/0105/27/290232, dated 17.02.2025 and quash the same as illegal and arbitrary.

For Petitioner : Mr.S.Karthick Ramkumar For Respondent : Mr.S.Lingadurai Special Government Pleader 1/4

O R D E R

The petiotioner challenges the order of rejection of the application for transfer of patta by the respondent by summary proceedings, dated 17.02.2025.

2. Heard the learned counsel for the petitioner and the learned Special Government Pleader for the respondent and I have perused the records inlcuding the order impugned in the writ petition.

3. It is clear from the order impugned in the writ petition that the respondent has not applied his mind before passing the order and further, no opportunity has been given to the petitioner as well. Therefore, the impugned order is liable to be set aside. In fine, this writ petition is allowed, the order impugned in the writ petition is set aside and the matter is remitted to the respondent for fresh consideration of the petitioner's application, dated 20.12.2024. After giving a fair opportunity to the petitioner, the respondent shall pass orders, within a period of six (6) weeks from the date of receipt of copy of this order.

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4. With the above direction, this Writ Petition stands allowed. No costs. Consequently, connected Miscellaneous Petitions are closed. 15.04.2025 NCC:yes/no Index:yes/no Internet:yes/no gbg To:

The Tahsildar, Paramakudi Taluk, Ramanathapuram District.

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P.B.BALAJI , J.

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