Gandhi vs Others - Court Judgment

In the High Court of Judicature at Madras

Dated : 24.1.2025

Coram :

The Honourable Ms.Justice P.T.ASHA Writ Petition No.1649 of 2025 & WMP.Mo.1891 of 2025 Gandhi ...Petitioner Vs 1.The Assistant Commissioner, Office of the Assistant Commissioner, Land Reforms Department, Coimbatore-18. 2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Udumalaipettai Taluk, 3.The Zonal Deputy Tahsildar, Office of the Tahsildar, Udumalaipettai Taluk, Tiruppur District. ...Respondents

PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order passed by the third respondent by its proceedings vide File No.2024/0103/32/596593 dated 30.7.2024, quash the same as illegal, incompetent and without jurisdiction and further direct respondents 2 and 3 to consider the petitioner's representation dated 29.2.2024 to enable the petitioner to

pay the value of the property of dry land measuring to an extent of 1.00 acre comprised in survey No.701 situated at Kallapuram Village, Udumalpet Village, Coimbatore District now Tiruppur District for making conversion from conditional patta into ayan patta land within the period that may be stipulated by this Court. For Petitioner : Mr.S.Arivazhagan For Respondents : Mr.M.R.Gokul Krishnan, AGP

ORDER

Aggrieved by a non speaking one line rejection of the petitioner's request for conversion of the conditional patta into ayan patta in respect of the property measuring 1.00 acre comprised in survey No.701 at Kallapuram Village, Udumalpet Village, Tiruppur District, the petitioner is before this Court.

2. Heard the learned counsel for the petitioner and the learned Additional Government Pleader accepting notice for the respondents.

3. The case of the petitioner is that the subject property was

assigned to him pursuant to the proceedings of the first respondent dated 07.5.1996 under the deed of assignment of surplus land . Ever since the date of assignment, the petitioner has been in possession

and enjoyment of the subject property. The grievance of the petitioner is that despite making several requests, even after 20 years, the conditional patta has not yet been converted into ayan patta. The petitioner made a representation dated 29.2.2024 to the second respondent to convert the conditional patta into the ayan patta. As it did not evoke any response, he made an online application dated 30.7.2024 to the third respondent. Pursuant to that, the said online application came to be rejected by the impugned order. Hence the writ petition.

4. The reason for rejection has been stated as follows : Survey No./ Reason for rejection Sub-Division No. 701 epge;jidf;Fl;gl;l gl;lh toq;fg;gl;Ls;s ,lk;

5. This Court has carefully considered the submissions of the learned counsel on either side and perused the materials available on record and more particularly the impugned order.

6. A perusal of the impugned order would clearly show that it is a non speaking order and suffers from total non application of mind. This Court is unable to garner as to the basis, on which, the impugned

order has come to be passed.

7. Hence, the writ petition is allowed, the impugned order is set

aside and the matter is remitted back to the third respondent, who shall consider the online application of the petitioner dated 30.7.2024 afresh, afford an opportunity of personal hearing to the petitioner and thereafter pass orders within a period of 6 weeks from the date of receipt of a copy of this order. No costs. Consequently, the connected WMP is closed.

24.1.2025 To 1.The Assistant Commissioner, Office of the Assistant Commissioner, Land Reforms Department, Coimbatore-18. 2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Udumalaipettai Taluk, 3.The Zonal Deputy Tahsildar, Office of the Tahsildar, Udumalaipettai Taluk, RS P.T.ASHA,J RS WP.No.1649 of 2025& WMP.Mo.1891 of 2025 24.1.2025