V.G.Ganesan v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.04.2025

CORAM

THE HONOURABLE MR.JUSTICE P.B.BALAJI W.P.(MD)No.10470 of 2025 and W.M.P.(MD)No.7825 of 2025 V.G.Ganesan ... Petitioner vs.

The Tahsildar, Sivakasi Taluk, Sivakasi - 626 124, Virudhunagar 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 relating to the order, dated 12.03.2025 by Endorsement in No.2025/0103/26/277032 on the file of the Tahsildar of Sivakasi and to quash the same. For Petitioner :Mr.A.V.Arun For Respondent :Mr.C.Satheesh Government Advocate *****

O R D E R

The petitioner challenges the impugned order passed by the respondent, dated 12.03.2025.

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2.Heard Mr.A.V.Arun, learned Counsel appearing on behalf of the petitioner and Mr.C.Satheesh, learned Government Advocate appearing on behalf of the respondent. By consent, the Writ Petition is taken for final disposal at the admission stage.

3.The learned Counsel for the petitioner would invite my attention to the order impugned in the Writ Petition and contend that firstly, the order was passed without giving an opportunity to the Writ Petitioner to putforth his claim and meet the objections, if any, of the respondent. Secondly, he would submit that the order is a non-speaking order and the only reason for rejection is that the subject property is an assignment land.

4.The learned Counsel for the petitioner would submit that the petitioner has purchased the subject property from his vendor, who in turn purchased the same in a bank auction sale and in fact, he was issued with patta. The said patta is also available in the typed set of papers. 2/4

5.Be that as it may, I find that the order impugned in the Writ Petition is a cryptic order, without any notice or enquiry conducted and on this limited ground, I am inclined to set aside the same. 6.In the result, the Writ Petition is allowed and impugned order, dated 12.03.2025 is set aside and the matter is remitted to the respondent for hearing the application of the petitioner for issuance of patta and after hearing the petitioner and after considering all relevant documents, the respondent shall pass a considered 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. No costs. Consequently, connected miscellaneous petition is closed.

Index :Yes / No 16.04.2025 NCC :Yes / No cmr To The Tahsildar, Sivakasi Taluk, Sivakasi - 626 124, Virudhunagar District.

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P.B.BALAJI, J.

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