Sekar A.G v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.04.2025

CORAM

THE HONOURABLE MR.JUSTICE P.B.BALAJI A.G.Sekar ... Petitioner Vs.

1.The District Collector, Thoothukudi District, Thoothukudi.

2.The Thasildhar, Eral Taluk, Thoothukudi District.

3.The Zonal Deputy Thasildhar, Eral Taluk, Thoothukudi District.

4.The Sub Registrar, Eral Sub Registrar Office Thoothukudi District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the second respondent to change / Mutate the patta in his favor in respect of the land property to an extent of 15.50 cents, equaling to 0.6.28 Hectres, out of the 0.12.00 Hecters, comprised in Ayan Nanja Sy.No.100/18A1, Patta No.2898 at Valavallan Village, Eral Taluk, Thoothukudi District.

1/5

For Petitioner : Mr.V.Angusamy For Respondents : M/s.K.Malathi Additional Government Pleader

O R D E R

The petitioner seeks issuance of writ of mandamus to direct the second respondent to mutate patta in his favour.

2. The petitioner has given a representation in this regard on 20.03.2025. The grievance of the petitioner is that the second respondent is not passing orders, even though the petitioner is claiming under registered sale deed and petitioner's vendor was also issued with patta number 2898.

3. The learned Additional Government Pleader for the respondents submits that on 15.04.2025, the petitioner's request has been rejected.

4. The copy of the note rejecting the petitioner's application as available in the website is also produced before this Court. The reason for rejecting the petitioner's application is that the civil suit is pending. Admittedly, the petitioner was not put on notice before the said order came to be passed on 15.04.205. The note also does not give the suit number, which is coming in the way of the respondents passing orders.

2/5

5. The learned Additional Government Pleader would submit that suit in OS.No.32 of 2025 is pending before the Sub Court, Srivaikundam.

6. The learned counsel for the petitioner submitted that the petitioner is not a party to any such suit.

7. It is only under similar circumstances that this Court has repeatedly directed the authorities to hear the persons concerned before passing any orders and further directed the authorities to pass a reasoned order, instead of such summary and cryptic orders, which are not going to serve any purpose.

8. In view of the above, even though the petitioner seeks only a relief of Mandamus, on 15.04.20245, after the filing of the writ petition, the request of the petitioner has been rejected summarily, I am inclined to set aside the said order passed on 15.04.2025 in Nfhg;G vz;.2025/0103/28/527236.

9. Accordingly, the writ petition is disposed of. The order dated 15.04.2025 in Nfhg;G vz;.2025/0103/28/527236 is set aside and the matter is remitted to the second respondent. The second respondent shall afford an 3/5

opportunity by way of personal hearing to the petitioner and thereafter pass final orders within a period of 12 weeks from the date of receipt of a copy of this order. No costs.

16.04.2025 NCC:yes/no Index:yes/no Internet:yes/no sn To:

1.The District Collector, Thoothukudi District, Thoothukudi.

2.The Thasildhar, Eral Taluk, Thoothukudi District.

3.The Zonal Deputy Thasildhar, Eral Taluk, Thoothukudi District.

4.The Sub Registrar, Eral Sub Registrar Office Thoothukudi District.

4/5

P.B.BALAJI , J.

Sn 16.04.2025 5/5