Santhi @ Sathi v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.04.2025

CORAM

THE HONOURABLE MR.JUSTICE P.B.BALAJI and W.M.P.(MD)Nos.9188, 9189 and 9190 of 2025 Santhi @ Sathi ... Petitioner Vs.

1.The Tahsildar, Thirumayam Taluk, Pudukkottai District.

2.The Zonal Deputy Tahsildar, (Patta Transfer), Thirumayam Taluk, Pudukottai District.

3.The Village Administrative Officer, Nallambal Samuthiram, Thirumayam Taluk, Pudukkottai District.

4.The Sub Registrar, Keelanilai Sub Registration Office, Pudukottai District.

5.Balasekar ... 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 pertaining 1/5

to the impugned order passed by the second respondent in T.R.No. 2023/ 0103/22/253517TR dated 11.07.2023 and quash the same as illegal and consequently direct the respondents No.1 to 3 to restore the patta stands in petitioner's name to the property comprised in Survey No. 31/1A, to an extent of 0.10.5 Ares, 31/1C to an extent of 0.28.5 Ares, 31/1B to an extent of 0.26.0 Ares, 36/5B to an extent of 0.15.5 Ares situated at Nallambal Samuthiram Village, Thirumayam Taluk, Pudukkottai District within time frame as fixed by this Court.

For Petitioner :

Mr.S.Alagusundar For R-1 to R-4 :

Mr.M.Lingadurai Special Government Pleader

O R D E R

The petitioner challenges the proceedings of the Tahsildar, dated 11.07.2023 in T.R.No.2023/ 0103/22/253517TR.

2. Heard the learned counsel for the petitioner and the learned Special Government Pleader for the official respondents.

3. Admittedly, it is seen that patta was mutated in the name of the petitioner's husband and thereafter in the name of the petitioner. Whileso, without any notice to the petitioner, patta has been transferred in the name of 2/5

the 5th respondent. The said order is clearly violative of principles of natural justice and fair play enshrined in our Constitution of India.

4. In the light of the above, the order impugned in the writ petition is set aside and the matter is remitted to the 2nd respondent for fresh enquiry based on the 5th respondent's application for mutating his name in the patta and after hearing the 5th respondent as well as the petitioner's objections, the 2nd respondent is directed to pass final orders, on merits and in accordance with law, within a period of sixteen (16) weeks from the date of receipt of copy of this order.

5. With the above directions, this Writ Petition is allowed. No costs. Consequently, connected miscellaneous petitions are closed. 29.04.2025 NCC:yes/no Index:yes/no Internet:yes/no gbg 3/5

To:

1.The Tahsildar, Thirumayam Taluk, Pudukkottai District.

2.The Zonal Deputy Tahsildar, (Patta Transfer), Thirumayam Taluk, Pudukottai District.

3.The Village Administrative Officer, Nallambal Samuthiram, Thirumayam Taluk, Pudukkottai District.

4.The Sub Registrar, Keelanilai Sub Registration Office, Pudukottai District.

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P.B.BALAJI , J.

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