D.Dhanasekaran v. The District Collector

ORDER The present Writ Petition has been filed challenging the impugned order dated 23.05.2024 passed by the 3rd respondent.

¶2The learned counsel for the petitioner submits that the petitioner submitted an online application dated 22.03.2024 to the third respondent seeking the issuance of a patta with the correct survey number. He further submits that the second respondent had already conducted a detailed enquiry with the petitioner and the fourth respondent, based on a representation submitted by the 4th respondent, and passed an order dated 22.06.2023 directing the Tahsildar / third respondent to effect the transfer of patta in favour of the petitioner and the fourth respondent respectively. However, the third respondent failed to implement the said order by issuing the patta till date, and consequently, passed the impugned non-speaking order, which is arbitrary and illegal. Hence, the petitioner has been constrained to file the present Writ Petition seeking a direction to the third respondent to implement the order passed by the second respondent. Page3 of 5

¶3Per contra, the learned Government Advocate appearing for the official respondents submits that since the petitioner failed to attend the field inspection, the petitioner's request was rejected. He, however, submits that the respondents are currently in the process of conducting a fresh enquiry.

¶4In reply, the learned counsel for the petitioner contends that despite the petitioner attending the field inspection and submitting all necessary documents, the third respondent erroneously passed the impugned order on the false premise that the petitioner failed to attend the field visit.

¶5Upon a perusal of the records, it is evident that the third respondent passed the impugned order without affording a reasonable opportunity of hearing to the petitioner. The order is also a non-speaking one. Under such circumstances, the impugned order dated 23.05.2024 is legally unsustainable and is liable to be set aside. Accordingly, the same is set aside. Page4 of 5

¶6Considering the fact that the second respondent has already conducted a detailed enquiry and passed an order dated 22.06.2023 directing the transfer of patta, which has not been implemented by the third respondent till date, this Court directs the third respondent / Tahsildar, Ponneri Taluk, to implement the order of the second respondent dated 22.06.2023 on its merits and in accordance with law. This exercise shall be completed within a period of six (6) weeks from the date of receipt of a copy of this order.

¶7With the above directions, this Writ Petition stands disposed of. No costs. 07-08-2026 Asi To

¶1The District Collector Thiruvallur District, Office of the District Collectorate, Thiruvallur, Chennai-600 005.

¶2The Sub Collector, Railway Station Road, NGO Nagar Extension, Ponneri Thiruvallur District, Pincode-601 204

¶3The Tahsildar, Ponneri Taluk, Ponneri-601204. WPoNo.o31173oofo2026 KRISHNANoRAMASAMY,oJ. Asi WPoNo.o31173oofo2026 07-08-2026 Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07-08-2026 CORAM THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY D.Dhanasekaran ..Petitioner(s) Vs 1. The District Collector, Thiruvallur District, Office of the District Collectorate, Thiruvallur, Chennai-600 005. 2. The Sub Collector Railway Station Road, NGO Nagar Extension, Ponneri, Thiruvallur District, Pincode-601 204. 3. The Tahsildar, Ponneri Taluk, Ponneri-601204. 4. Raghu Raghavan ..Respondent(s) PRAYER: This Writ Petition has been filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records connected to 2024/0105/01/567855 dated 23.05.2024 quash the same consequently directing the 3rd respondent to implement the proceedings of the 2nd respondent in COLREV/24106/2023-A4 dated 22.06.2023 and consequently issue patta in favour of the petitioner in accordance with the said proceedings within a time frame fixed by this Court. Page2 of 5 For Petitioner(s): Mr.D.Muthukumarappa For Respondent(s): Ms.R.K.Varshini Government Advocate for R1 to R3