Banumathi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.05.2025

CORAM

THE HONOURABLE MR.JUSTICE P.B.BALAJI and W.M.P(MD)No.10241 of 2025 Banumathi ... Petitioner Vs.

1.The District Collector, Dindigul, Dindigul District.

2.The Tahsildar, Kujiliamparai Taluk, Dindigul District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus calling for the records pertinent to the orders passed by the second respondent in petition file No. 2025/0103/13/371383 dated 23.04.2025 and quash the same as illegal and consequently directing the respondents to issue patta in favour of the petitioner and the co-purchaser Sathya in respect of the properties in Survey No.1484/1A to an extent of Hec .0.47.0 Survey No.1482/1A to an extent of Hct 0.38.0 and survey No.1483 to an extent of Hec 1.58.0 of Mallapuram Village, Kujiliamparai Taluk, Dindigul District.

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For Petitioner : Mr.S.Kishore Kumar For Respondents : Mr.K.S.Selvaganesan Additional Government Pleader

O R D E R

The petitioner challenges the summary order of rejection of the petitioner's application for patta transfer in and by impugned order passed by the second respondent on 23.04.2025.

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

3.It is seen from the impugned order that without conducting any enquiry or giving fair opportunity to the petitioner, the patta transfer application has been rejected, especially without considering the fact that the patta has already been issued to the petitioner's vendor from whom the petitioner purchased the property vide registered sale deed.

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4.In view of the above, the impugned order is un-sustainable and liable to be set aside.

5.In fine, the writ petition is allowed. The impugned order is set aside and the matter is remitted to the second respondent for fresh consideration on the petitioner's application. The second respondent shall give fair opportunity to the petitioner by way of personal hearing to produce relevant documents and also consider the objections of the adjacent land owner, whose right coming in the way of patta transfer according to the respondents concerned before passing final orders. The said exercise shall be completed within a period of 12 weeks from the date of receipt of a copy of this order. No costs. Consequently, the connected miscellaneous petition is closed.

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To:

1.The District Collector, Dindigul, Dindigul District.

2.The Tahsildar, Kujiliamparai Taluk, Dindigul District.

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P.B.BALAJI , J.

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