D.Krishnakumar vs the Thasildar

D.Krishnakumar vs The Thasildar

Type Court Judgment Court Chennai Decided Apr 16, 2025

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Citation: sooperkanoon.com/1893356
Court: Chennai High Court
Judge: Honourable Mr Justice N. Anand Venkatesh
Decided On: Apr 16, 2025
Case Number: WP/12572/2025

Parties & Advocates

Appellant / Petitioner

D.Krishnakumar

Respondent

The Thasildar

Excerpt

.....petitioner name or the subsequent purchaser in respect of the 329 sq.ft of unvdivided share of land in tslr no.18/1 in ward ( 012) nanganallur (ward -b) alandur taluk, chennai district/for petitioner(s): mr.k.jayaraman for respondent(s): mr.p.sathish additional government pleaderorderthis writ petition has been filed challenging the impugned online rejection order passed by the respondent dated 25.03.2025 and for a consequential direction to the respondent to transfer the patta in the name of the petitioner with respect to the subject property. 2.heard mr.k.jayaraman, learned counsel appearing on behalf of the petitioner and mr.p.sathish, learned additional government pleader appearing on behalf of the respondent. 3.the online rejection order passed by the respondent dated 25.03.2025, is liable to be interfered by this court on the ground that it is bereft of any reasons. it merely states that an unprobated will has been submitted and that the will must be probated. if that is the case, the petitioner should have been called for an enquiry and his explanation must be sought for to verify as to whether any such probate is required in the case in hand.4.in the light of the above discussion, the impugned online rejection orderpassed by the respondent dated 25.03.2025, is hereby quashed. the matter is remanded back to the file of the respondent and there shall be a direction to the respondent to call for an enquiry and afford opportunity to the petitioner and take a reasoned decision, within a period of four weeks from the date of receipt of copy of this order.5.in the result, this writ petition stands allowed with the above directions. no costs. consequently, connected miscellaneous petition is closed. 16-04-2025 index:yes/nospeaking/non-speaking orderinternet:yes neutral citation:yes/no ssr to the thasildar alandur municipality, no 14, st thomas mount, alandur, chennai 600 061 n.anand venkatesh j. ssr wp no. 12572 of 2025 16-04-2025

Full Judgment

IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16-04-2025
CORAM
THE HONOURABLE MR JUSTICE N. ANAND VENKATESH WP No. 12572 of 2025 and WMP No. 14152 of 2025 D.Krishnakumar Petitioner(s) Vs The Thasildar Alandur Municipality, No 14, St Thomas Mount, Alandur, Chennai 600 061 Respondent(s)
PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, Calling for the records pertaining to the impugned Rejection order of the respondent in Patta Transfer Application ID:2025/ 0153 / 02 / 008416 dated 25.03.2025, to quash the same and to consequently direct the respondent to transfer patta in the petitioner name or the subsequent purchaser in respect of the 329 sq.ft of unvdivided Share of land in TSLR No.18/1 in Ward ( 012) Nanganallur (Ward -B) Alandur Taluk, Chennai District/
For Petitioner(s): Mr.K.Jayaraman For Respondent(s): Mr.P.Sathish Additional Government Pleader

ORDER

This writ petition has been filed challenging the impugned online rejection order passed by the respondent dated 25.03.2025 and for a consequential direction to the respondent to transfer the patta in the name of the petitioner with respect to the subject property. 2.Heard Mr.K.Jayaraman, learned counsel appearing on behalf of the petitioner and Mr.P.Sathish, learned Additional Government Pleader appearing on behalf of the respondent. 3.The online rejection order passed by the respondent dated 25.03.2025, is liable to be interfered by this Court on the ground that it is bereft of any reasons. It merely states that an unprobated Will has been submitted and that the Will must be probated. If that is the case, the petitioner should have been called for an enquiry and his explanation must be sought for to verify as to whether any such probate is required in the case in hand.

4.In the light of the above discussion, the impugned online rejection order

passed by the respondent dated 25.03.2025, is hereby quashed. The matter is remanded back to the file of the respondent and there shall be a direction to the respondent to call for an enquiry and afford opportunity to the petitioner and take a reasoned decision, within a period of four weeks from the date of receipt of copy of this order.

5.In the result, this writ petition stands allowed with the above directions. No Costs. Consequently, connected miscellaneous petition is closed. 16-04-2025 Index:Yes/No

Speaking/Non-speaking order

Internet:Yes Neutral Citation:Yes/No ssr To The Thasildar Alandur Municipality, No 14, St Thomas Mount, Alandur, Chennai 600 061 N.ANAND VENKATESH J. ssr WP No. 12572 of 2025 16-04-2025

Same Court & Year Chennai · 2025 Same Parties D.Krishnakumar vs The Thasildar Same Judge Honourable Mr Justice N. Anand Venkatesh