K. Ramamoorthi Vs The District Collector — Writ and Judicial Review | Madras HC (2025)

K. Ramamoorthi Vs The District Collector — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Principal relief of quashing obtained: impugned order dated 24.02.2025 set aside and matter remitted to the 2nd respondent (Zonal Deputy Tahsildar) for fresh consideration after affording opportunity to the petitioners and other interested parties, to be completed within eight weeks; the further relief of direct issuance of patta for Survey Nos.151/2D and 304/1B (33.0 Ares) was left to the fresh consideration. Writ petition disposed of with no costs; connected Miscellaneous Petitions (W.M.P(MD)Nos.5495 & 5497 of 2025) closed.

Issue for consideration

Whether the impugned order dated 24.02.2025 of the 2nd respondent, which rejected the petitioners' request for transfer of patta summarily without affording them an opportunity as contemplated under Section 10(3)(a) of the Patta Passbook Act, 1983 and without passing a reasoned order, could stand.

Court's answer

The impugned rejection order was defective: the reason for rejection was stated merely as 'rejected', no opportunity was afforded to the writ petitioners as contemplated under Section 10(3)(a) of the Patta Passbook Act, 1983, and no reasoned order was passed.

Ratio / Principle

The impugned order dated 24.02.2025 was set aside and the matter remitted back to the 2nd respondent for fresh consideration, after affording an opportunity to the petitioners and any other interested parties, with orders to be passed on merits and in accordance with law, the exercise to be completed within eight (8) weeks from receipt of a copy of the order.

Detailed headnote1 paragraphs

Madras High Court (Madurai Bench), single judge (P.B.Balaji J.), W.P.(MD)No.7296 of 2025, decided 18.03.2025: The Zonal Deputy Tahsildar, Kadaladi Taluk, had by order dated 24.02.2025 (File No.2025/0103/27/207428) summarily rejected the petitioners' request for transfer of patta in respect of land comprised in Survey Nos.151/2D and 304/1B, extent 33.0 Ares, Punavasal Village, Kadaladi Taluk, Ramanathapuram District, giving no reason beyond recording the request as 'merely rejected', without affording the opportunity contemplated under Section 10(3)(a) of the Patta Passbook Act, 1983 and without passing a reasoned order. Holding the order unsustainable, the Court set it aside and remitted the matter to the 2nd respondent for fresh consideration after affording an opportunity to the petitioners and any other interested parties, with orders to follow on merits and in accordance with law within eight (8) weeks. Writ petition disposed of; connected miscellaneous petitions closed; no costs.

W.P.(MD)No.7296 of 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 18.03.2025

CORAM

THE HONOURABLE MR.JUSTICE P.B.BALAJI

W.P.(MD)No.7296 of 2025 and

W.M.P(MD)Nos.5495 & 5497 of 2025

1.K.Ramamoorthi 2.Meenal

... Petitioners

Vs.

1.The District Collector,

Ramanathapuram District, Ramanathapuram.

2.The Zonal Deputy Tahsildar, Kadaladi Taluk, Ramanathapuram District

3.The Village Administrative Officer, Punavasal Village, Kadaladi Taluk, Ramanathapuram District.

4.Santhakumar

5.R.Muthuramalingam

6.Kavitha

... Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records pertaining

1/4

https://www.mhc.tn.gov.in/judis

W.P.(MD)No.7296 of 2025

to the Impugned Order passed by the 2 nd respondent in his Proceedings in File No.2025/0103/27/207428, dated 24.02.2025 and quash the same and consequently direct the 2 nd respondent to issue Patta in favour of the Petitioners pertaining to the land comprised in Survey No. 151/2D and 304/1B to an extent of 33.0 Ares situated at Punavasal Village, Kadaladi Taluk, Ramanathapuram District.

For Petitioners : Mr.C.Mayil Vahana Rajendran For R1 – R3 : Mrs.K.Malathi Additional Government Pleader

O R D E R

The petitioners challenges the impugned order of the 2 nd respondent, dated 24.02.2025, wherein their request for transfer of patta has been rejected summarily, without even affording an opportunity to them.

2. On going through the impugned order, dated 24.02.2025, it is seen that

the reason for rejection is stated as merely rejected. There is no opportunity provided to the writ petitioners as contemplated under Section 10 (3) (a) of the Patta Passbook Act, 1983 and reasoned order has also not been passed.

2/4

https://www.mhc.tn.gov.in/judis

W.P.(MD)No.7296 of 2025

3. In view of the same, the impugned order is set aside and the matter is remitted back to the 2 nd respondent for fresh consideration, after affording an opportunity to the petitioners and any other interested parties and thereafter, pass orders, on merits and in accordance with law. The said exercise shall be completed within a period of eight (8) weeks from the date of receipt of copy of this order.

4. With the above direction, this Writ Petition stands disposed of. No

costs. Consequently, connected Miscellaneous Petitions are closed.

18.03.2025

NCC:yes/no Index:yes/no Internet:yes/no gbg To:

1.The District Collector, Ramanathapuram District, Ramanathapuram.

2.The Zonal Deputy Tahsildar, Kadaladi Taluk, Ramanathapuram District

3.The Village Administrative Officer, Punavasal Village, Kadaladi Taluk, Ramanathapuram District.

3/4

https://www.mhc.tn.gov.in/judis

W.P.(MD)No.7296 of 2025

P.B.BALAJI, J.

gbg

W.P.(MD)No.7296 of 2025

18.03.2025

https://www.mhc.tn.gov.in/judis

4/4