Malavalli v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.04.2025

CORAM

THE HONOURABLE MR.JUSTICE P.B.BALAJI and W.M.P(MDNo.7624 of 2025 Malavalli ... Petitioner Vs.

1.The District Collector, Sivagangai Distric, Sivagangai.

2.The Revenue Divisional Officer, Devakottai, Sivagangai District.

3.The Tahsildar, Thirupathur, Sivagangai District.

4.The Deputy Tahsildar, Thirupathur, Sivagangai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call the records relating to the rejection order in Application No.2025/0103/23/240706 passed by the 3rd respondent, dated 04.02.2025 and quash the same as illegal and consequently direct the 3rd respondent to issue patta in favour of the petitioner. 1/5

For Petitioner : Mr.H.Mahamed Hussain For Respondents : Mr.C.Satheesh Government Advocate

O R D E R

The petitioner challenges the order of rejection passed by the 3rd respondent, dated 04.02.2025 and consequently, seeks issuance of patta in favour of the petitioner.

2. Heard the learned counsel for the petitioner and the learned Government Advocate for the respondents.

3. The primordial contention of the petitioner is that the impugned order has been passed violating principles of natural justice without affording any opportunity to the petitioner and also without conducting any inquiry.

4. I have perused the records including the order impugned in the writ petition. Excepting for rejecting the application in the online mode, I do not find any reasoned order passed by the 3rd respondent. In view of the above, I am inclined to entertain the writ petition.

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5. In the light of the above, this writ petition is allowed and the order of the 3rd respondent is set aside and the matter is remitted to the 3rd respondent for considering the petitioner's Application No.2025/0103/23/240706, after affording due opportunity to the petitioner and dispose of the same on merits and in accordance with law within a period of twelve (12) weeks from the date of receipt of copy of this order. The learned counsel for the petitioner submits that the petitioner claims right under the registered settlement deed. It is open to the petitioner when being called upon to furnish the relevant documents, to give all documents in support of her contentions.

6. With the above direction, this Writ Petition stands allowed. No costs. Consequently, connected Miscellaneous Petition is closed. 16.04.2025 NCC:yes/no Index:yes/no Internet:yes/no gbg 3/5

To:

1.The District Collector, Sivagangai Distric, Sivagangai.

2.The Revenue Divisional Officer, Devakottai, Sivagangai District.

3.The Tahsildar, Thirupathur, Sivagangai District.

4.The Deputy Tahsildar, Thirupathur, Sivagangai District.

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P.B.BALAJI , J.

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