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Madras High CourtWP(MD)/12858/2024allowed

Asiya Beevi v. The Zonal Deputy Tahsildar

2024-06-18Honourable Mr Justice G.R.Swaminathan4 pages

1 W.P.(MD)NO.12858 OF 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.06.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.12858 of 2024 Asiya Beevi ... Petitioner Vs.

The Zonal Deputy Tahsildar, Manikandam Zone, Srirangam Taluk, Tiruchirappalli District.

... Respondent Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for records relating to the impugned order made by the respondent in file No.2024/0103/15/394635 dated nil and quash the same as illegal and consequently direct the respondent to mutate and grant patta in respect of the petitioner's property in survey No.126/4A and 126/4B, Kulathur Village, Srirangam Taluk, Tiruchirappalli District within the time that may be stipulated by this Court.

For Petitioner : Mr.M.Mahaboob Athiff For Respondent : Mr.G.V.Vairam Santhosh, Additional Government Pleader.

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2 W.P.(MD)NO.12858 OF 2024

O R D E R

Heard both sides.

2. The impugned order is nonspeaking. The reason for rejection in the impugned order has been mentioned as "rejected". This indicates non-application of mind. The impugned memorandum is set aside. The matter is remitted to the file of the respondent to pass order afresh on merits and in accordance with law.

3. When the matter was taken up for hearing, the learned counsel for the intervenors submitted that they have to be heard. I consciously refrain from going into the merits of the claim. The respondent will apply personal law as it is today. It is stated that the objections had already submitted to the respondent. The objectors will be heard. Final order on merits will be passed within a period of twelve weeks from the date of receipt of a copy of this order. This writ petition stands allowed. No costs.

18.06.2024 NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU 2/3

3 W.P.(MD)NO.12858 OF 2024 To:

The Zonal Deputy Tahsildar, Manikandam Zone, Srirangam Taluk, Tiruchirappalli District.

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4 W.P.(MD)NO.12858 OF 2024 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.12858 of 2024 18.06.2024 4/3