S.Senthilkumar v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.04.2025

CORAM

THE HON'BLE MR.JUSTICE P.B.BALAJI and W.M.P.(MD)No.8291 of 2025 S.Senthilkumar : Petitioner Vs.

1.The District Collector, Office of the Collector, Sivagangai District.

2.The Tahsildar, Sivagangai Taluk Office, Sivagangai, Sivagangai District.

3.The Surveyor, Paganeri Village, Sivagangai Taluk Office, Sivagangai, Sivagangai District.

: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorarified Mandamus, calling for the 1/5

records relating to the impugned online rejection order made by the second respondent in the petitioner's application 2024/0105/23/285679 dated 09.12.2024 and quash the same as illegal and consequently direct the second respondent to issue pattas in my favour based on petitioner's online application 2024/0105/23/285679 dated 09.12.2024.

For Petitioner : Mr.S.Rabeek Raja For Respondents : Mrs.S.Jeyapriya Government Advocate

O R D E R

The petitioner challenges the order of the second respondent dated 09.12.2024.

2.I have heard the learned Counsel for the petitioner and Mrs.S.Jeyapriya, learned Government Advocate appearing for the respondents.

3.The order impugned in the Writ Petition is a summary rejection of the petitioner's application for issuance of patta. The second respondent has rejected the petitioner's application in the online mode citing the reason for rejection as 'rejected'. Time and again, this Court has come down heavily on summary rejection and 2/5

cryptic orders being passed without following the mandate of Section 10(3) of the Tamil Nadu Patta Pass Book Act, 1983. Therefore, the order impugned deserves to be se aside.

4.Accordingly, the Writ Petition is allowed and the order impugned in this Writ Petition is set aside and the matter is remitted to the second respondent for fresh consideration of the petitioner's application for sub-division, after giving due opportunity to the petitioner by way of personal hearing. The said exercise shall be completed within a period of twelve [12] weeks from the date of receipt of a copy of this order. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed. 22.04.2025 Index :Yes / No Internet : Yes / No NCC : Yes/No MR 3/5

To 1.The District Collector, Office of the Collector, Sivagangai District.

2.The Tahsildar, Sivagangai Taluk Office, Sivagangai, Sivagangai District.

3.The Surveyor, Paganeri Village, Sivagangai Taluk Office, Sivagangai, Sivagangai District.

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P.B.BALAJI.

, J.

MR 22.04.2025 5/5