Madras High CourtWP(MD)/10666/2025disposed of

Kannappan M v. The Tahsildar

2025-04-17Honourable Mr Justice P.B. Balaji4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.04.2025

CORAM

THE HONOURABLE MR.JUSTICE P.B.BALAJI and W.M.P(MD)Nos.7931 & 7932 of 2025 M.Kannappan ... Petitioner Vs.

1.The Tahsildar, Sivagangai, Sivagangai District.

2.Mariappan 3.Alagammal ... Respondents 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 the impugned order in Application No.2025/0103/23/247092, dated 13.03.2025 of the 1st respondent and quash the same and consequently direct the 1st respondent to issue patta in the name of the petitioner based on the registered Will, dated 07.12.2010 with respect to Punja land in S.No.150/5 to an extent of 1 acre 16 cents in Melappungudi Village, Sivagangai Taluk, Sivagangai District within the time fixed by this Court.

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For Petitioner : Mr.V.Devakumar For R1 : Mrs.S.Jeyapriya Government Advocate

O R D E R

The petitioner challenges the order of the 1st respondent, dated 13.03.2025.

2. Heard the learned counsel for the petitioner and the learned Government Advocate for the official respondent.

3. The petitioner's request for issuance of patta has been rejected summarily on 13.03.2025 in and by the impugned order by citing the reason "no link so rejected". Admittedly, the procedure prescribed under Section 10 of the Patta Passbook Act has not been followed, by giving an opportunity to the applicant who seeks patta before passing any final orders.

4. In the light of the above, the impugned order passed by the 1st respondent is set aside and the matter is remitted to the 1st respondent to give a fair opportunity of personal hearing to the petitioner to submit all relevant 2/4

documents and give such evidence in support of his claim and thereafter, the 1st respondent shall pass final orders on the petitioner's application within a period of twelve (12) weeks from the date of receipt of copy of this order.

5. With the above directions, this writ petition stands disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed. 17.04.2025 NCC:yes/no Index:yes/no Internet:yes/no gbg To:

The Tahsildar, Sivagangai, Sivagangai District.

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P.B.BALAJI , J.

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