Selvathaneshkumar Ms v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :12.09.2025
CORAM:
THE HONOURABLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY W.P(MD)No.24744 of 2025 and W.M.P.(MD) Nos.19453 & 19454 of 2025 M.S.Selvathaneshkumar ... Petitioner Vs
1. The District Collector, Tirunelveli, Tirunelveli District.
2. The Tahsildar, Palayamkottai Taluk, Tirunelveli District.
3. The Town Surveyor, Melapalayam, Tirunelveli Town.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the second respondent in File No.2025/0153/29/006065 and No. 2025/0153/29/006145 dated 20.07.2025 rejecting the petitioner's application for patta transfer in respect of the property situated in TS No. 260/1A1 (Old S. No.614/P), Block-19, TS Ward BP, Kulavanigarpuram Village, Melapalayam, Palayamkottai Taluk, Tirunelveli District, quash 1/5
the same, and consequently, direct the second respondent to grant patta in the petitioner's name based on the registered sale deeds in Document Nos.1746/2025 and 1752/2025 dated 22.02.2025. For Petitioner : Mr. S.Srikanth For Respondents : Mr.K.Balasubramani Special Government Pleader
O R D E R
An order dated 20.07.2025 of the second respondent rejecting the petitioner's application for patta transfer is assailed herein.
2. Learned counsel for the petitioner submits that a non-speaking order has been issued without providing a reasonable opportunity to the petitioner.
3. Learned Special Government Pleader accepts notice on behalf of all the respondents. He submits that the matter may require reconsideration for noncompliance with the guidelines framed by this Court in M.Rani vs. District Collector and others reported in (2025) 1 MLJ 178.
4. On perusal of the impugned order, it appears to be an online 2/5
order which merely states 'Government Land', 'Rejected'. There is no discussion whatsoever or any indication that the submissions of the petitioner were considered. Therefore, the said order cannot be sustained and is hereby set aside. As a consequence, the matter is remanded for reconsideration by the Tahsildar. The Tahsildar is directed to undertake this exercise by following the guidelines laid down by this Court in the above mentioned judgement and issue a speaking order within a period of three (3) months from the date of receipt of a copy of this order after providing a reasonable opportunity to the petitioner and any other persons interested in the property.
5. This Writ Petition is disposed of on these terms. No costs. Consequently, connected miscellaneous petitions are closed. NCS : Yes/No 12.09.2025 Index : Yes / No Internet : Yes / No apd 3/5
To
1. The District Collector, Tirunelveli, Tirunelveli District.
2. The Tahsildar, Palayamkottai Taluk, Tirunelveli District.
3. The Town Surveyor, Melapalayam, Tirunelveli Town.
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SENTHILKUMAR RAMAMOORTHY.,J.
apd ORDER MADE IN W.P(MD)No.24744 of 2025 12.09.2025 5/5