← Library
Madras High CourtWP(MD)/26021/2024allowed

J.Paulraj v. The Tahsildar

2024-10-29Honourable Ms. Justice P.T. Asha5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.10.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA and W.M.P.(MD) No.22061 of 2024 J.Paulraj .. Petitioner Vs.

The Tahsildar, Srirangam Taluk Office, Srirangam Taluk, Tiruchirappalli-620 006.

.. Respondent Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus, to call for the impugned order dated 19.09.2024 culminated in patta transfer application No.2024/0103/15/432787on the file of the respondent, quash the same as illegal, ultra vires, without jurisdiction and by way of Mandamus directing the respondent to issue patta in favour of A.Kannan/the purchaser in respect of the properties comprised in S.F.No.283/9C admeasuring to an extent of Acre 0.64 cents, S.F.No.283/10A admeasuring to an extent of Acre 0.75 cents, S.F.No.283/23 admeasuring to an extent of Acre 0.38 cents, S.F.No.283/24 admeasuring to an extent

of Acre 0.391⁄2 cents, S.F.No.283/26 admeasuring to an extent of Acre 0.41 cents, S.F.No.283/9B admeasuring to an extent of Acre 0.36 cents, S.F.No.283/2A1B7 admeasuring to an extent of Acre 0.27 cents, S.F.No. 283/2A1B8 admeasuring to an extent of Acre 0.17 cents, S.F.No.283/10A admeasuring to an extent of Acre 0.41 cents, S.F.No.283/9A admeasuring to an extent of Acre 0.12 cents, S.F.No.283/25 admeasuring to an extent of Acre 0.10 cents, S.F.No.283/27 admeasuring to an extent of Acre 0.50 cents, S.F.No.283/1H6 admeasuring to an extent of Acre 0.50 cents, S.F.No.283/12B admeasuring to an extent of Acre 0.10 cents, S.F.No. 283/12C admeasuring to an extent of Acre 0.18 cents, S.F.No.283/12D admeasuring to an extent of 0.12 cents, S.F.No.283/2A1B6 admeasuring to an extent of Acre 0.701⁄2 cents, S.F.No.

283/11A admeasuring to an extent of Acre 0.56 cents, S.F.No.283/12A admeasuring to an extent of Acre 0.44 cents, S.F.No.283/11A admeasuring to an extent of Acre 1.391⁄2 cents, S.F.No.283/1H7 admeasuring to an extent of Acre 0.41 cents and S.F.No.283/2A1B6 admeasuring to an extent of Acre 0.701⁄2 cents situated at Sethurapatti Village, K.Sathanur, Srirangam Taluk, Tiruchirappalli District.

For Petitioner :

Mr.Shangar Murali For Respondent :

Mr.P.Thambidurai Government Advocate

ORDER

Challenging the rejection of his patta transfer application by a nonspeaking order, the petitioner is before this Court.

2. The grievance of the petitioner is that on the basis of fraudulent document, patta in respect of his property has been issued to third persons, who had come forward with the fraudulent documents. Therefore, he had made an application to the respondent for issue of patta and charges were also paid on the said day. However, on 19.09.2024, the application has been rejected citing the following reason: "jhq;fs; rku;g;gpj;j cl;gpupT ,y;yhj gl;lh khWjy; tpz;zg;g vz; 2024/0103/15/432787 epuhfupf;fg;gl;Ls;sJ. fhuzk; gl;lh khWjy; NfhUk; Gyk;/cl;gpupT njhlu;ghf ePjpkd;w tof;F/Nky;KiwaPL epYitapy; cs;sjhy;"

and it is aggrieved by this order that the petitioner is before this Court.

3. A mere reading of the impugned order would show that there is

no application of mind and reasons have also been not properly given. The response is in the form of a template. Therefore, taking note of the above, this Writ Petition is allowed, the impugned order is set aside and the matter is remitted back to the respondent for passing fresh orders within a period of eight weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.

29.10.2024 NCC : Yes/No Index : Yes/No Internet : Yes abr To The Tahsildar, Srirangam Taluk Office, Srirangam Taluk, Tiruchirappalli-620 006.

P.T.ASHA, J.

abr Dated: 29.10.2024