B.Suguna v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.08.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.SOUNTHAR W.P(MD)No.21193 of 2025 B.Suguna ... Petitioner Vs.
1. The District Collector, Thanjavur District.
2. The Thasildar, Thanjavur Taluk Office, Thanjavur District.
3. The Special Settlement Tahsildar (UDR) Thanjavur Taluk Office, Thanjavur District.
4. The Commissioner, Thanjavur Municipality, Thanjavur District.
... Respondents (R2 cause title is amended vide order of this Court dated 11.08.2025 in W.M.P(MD) No.17047 of 2025 in W.P(MD) No.21193 of 2025) 1/5
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, by calling for the records of the impugned online rejection order dated 25.06.2025 passed by the second respondent in Patta Transfer Application No.2025/0154/ 001836, dated 07.05.2025 and to quash the same as Arbitrary, illegal inconsequentially direct the second respondent to transfer the Patta in the name of the petitioner for Town Survey No.1989/63, Block No.44, Ward No.6 of Thanjavur Town measuring to an extent of 545.5 square feet by providing fair opportunity of being heard to the petitioner by following the principles of natural justice within a stipulated time that may be fixed by this Court. For Petitioner : Mr.R.Rajamohan For R1 to R3 : Mr.A.Baskaran Additional Government Pleader For R4 : Mr.N.Dilipkumar
O R D E R
This Writ Petition has been filed challenging the order passed by the second respondent rejecting the application submitted by the petitioner seeking issuance of separate patta in respect of the property situated in Town Survey No.1989/63, Block No.44, Ward No.6 of Thanjavur Town measuring an extent of 545.5 square feet by providing fair opportunity of being heard to the petitioner by following the principles of natural justice. 2/5
2. The learned counsel appearing for the petitioner would submit that the application of the petitioner was rejected without affording opportunity to the petitioner. Therefore, the same is liable to be set aside on the ground of violation of principles of natural justice.
3. The learned Additional Government Pleader appearing for the respondents 1 to 3 fairly submits that the impugned order was passed without notice to the petitioner. He further submitted that as on today patta stands in the name of the six persons including the petitioner.
4. The application of the petitioner should have been considered only after issuing notice to all the pattadars including the petitioner. In view of the fact that the order impugned of rejection passed without hearing the petitioner, the same is liable to be set aside. Accordingly, this Writ Petition stands allowed and the impugned order passed by the second respondent is set aside and the matter is remitted back to the file of the second respondent with a direction to consider the application of the petitioner seeking issuance of separate patta on its own merits and in accordance with law and pass final 3/5
orders within a period of twelve weeks from the date of receipt of a copy of this order. Before passing final orders, the second respondent shall issue notice to the petitioner and all the co -pattadars. There shall be no order as to costs.
11.08.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi To
1. The District Collector, Thanjavur District.
2. The Thasildar, Thanjavur Taluk Office, Thanjavur District.
3. The Special Settlement Tahsildar (UDR) Thanjavur Taluk Office, Thanjavur District.
4. The Commissioner, Thanjavur Municipality, Thanjavur District.
4/5
S.SOUNTHAR, J.
ebsi W.P(MD)No.21193 of 2025 11.08.2025 5/5