Research › Search › Judgment

Madras High Court · body

2025 DAILYLAW 180975 (MAD)

S.MOHAN v. THE TAHSILDAR

WP/43340/2025 · 2025-11-13

N Anand Venkatesh

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1/6 WP No. 43340 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-11-2025 CORAM THE HONOURABLE MR JUSTICE N. ANAND VENKATESH WP No. 43340 of 2025 and WMP No. 48515 of 2025 S.Mohan Petitioner(s) Vs 1. The Tahsildar Taluk Office, Sholingar, Ranipet District 2.The Zonal Deputy Tahsildar Taluk Office, Sholingar, Ranipet District 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 relating to the impugned online status and impugned SMS relating to the Application having Reference No.2025/0103/37/312984 dated 04.09.2025 passed by the 2nd respondent, quash the same and consequently direct the 1st respondent herein to issue a joint patta in the name of the petitioner and https://www.mhc.tn.gov.in/judis 2/6 WP No. 43340 of 2025 the legal heirs of the petitioner's deceased brothers namely Samraj and Manoharan in respect of the DC land admeasuring an extent of 0.41.5 Ares in Survey No.11/2 and an extent of 0.44.5 Ares in Survey No.11/7A situated in Kodaikkal village, previously Walaja Taluk, Presently Sholingar Taluk, previously Vellore District, now Ranipettai District within a time frame. For Petitioner(s): Mr.R. Bharath Kumar For Respondent(s): Mr.S.A.Mohamed Sathik Government Advocate ORDER This writ petition has been filed challenging the impugned SMS message received from the 2nd respondent dated 04.09.2025 and for a consequential direction to the 1st respondent to issue joint patta in the name of the petitioner and other legal heirs. 2.Heard Mr.R.Bharath Kumar, learned counsel appearing on behalf of the petitioner and Mr.S.A.Mohamed Sathik, learned Government Advocate appearing on behalf of the respondents. 3.The case of the petitioner is that the subject properties were allotted https://www.mhc.tn.gov.in/judis 3/6 WP No. 43340 of 2025 to the petitioner's father as DC land vide Patta No.99820. The petitioner's father had conveyed a portion of the property in favour of one P.Vimala and three others through a registered Sale Deed dated 05.08.1988. Thereafter, the petitioner's father was in possession and enjoyment of the lands in the other S.Nos.11/2, 11/7 and 13/3 in Kodaikkal Village. 4.The petitioner's father died on 07.12.2001, leaving behind the petitioner and other legal heirs. Hence, the petitioner submitted an application for transfer of patta in the name of the petitioner and other legal heirs. The same has been rejected through an SMS message stating that the subject land is a Panjami Land. 5.In the considered view of this Court,already computerized patta was issued in Patta No.2286 in the name of the petitioner's father with respect to the subject property. The petitioner and other legal heirs are seeking for joint patta based on the same. If the 1st respondent wanted to take any clarification from the petitioner and others, they should have been called for an enquiry and even without conducting an enquiry, application has been rejected and informed through an SMS Message. This procedure https://www.mhc.tn.gov.in/judis 4/6 WP No. 43340 of 2025 followed by the 1st respondent is in violation of principle of natural justice. 6.In the light of the above discussion, the SMS communication sent by the 1st respondent dated 04.09.2025, is hereby quashed. The matter is remitted back to the file of the 1st respondent and the 1st respondent is directed to conduct an enquiry and hear the petitioner and consider the materials placed before the 1st respondent and pass final orders on its own merits and in accordance with law, within a period of four weeks from the date of receipt of copy of this order. 7.In the result, this writ petition stands allowed with the above directions. No Costs. Consequently, connected miscellaneous petition is closed. 13-11-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No ssr https://www.mhc.tn.gov.in/judis 5/6 WP No. 43340 of 2025 To 1.The Tahsildar Taluk Office, Sholingar, Ranipet District 2.The Zonal Deputy Tahsildar Taluk Office, Sholingar, Ranipet District https://www.mhc.tn.gov.in/judis 6/6 WP No. 43340 of 2025 N.ANAND VENKATESH J. ssr WP No. 43340 of 2025 13-11-2025 https://www.mhc.tn.gov.in/judis