IN THE HIGH COURT OF JUDICATURE AT MADRAS
ABDUL QUDDHOSE, J
R.Vishnu Priya – Appellant
Versus
The District Revenue Officer, Office of the Collectorate, Erode District. – Respondent
Writ Petition
| Table of Content |
|---|
| 1. writ challenged based on respondent's rejection of the application. (Para 1 , 2) |
| 2. violation of natural justice due to non-speaking order. (Para 3 , 4) |
| 3. writ petition is disposed of with guidelines. (Para 6) |
ORDER
This Writ Petition has been filed challenging the impugned order dated 28.10.2024 passed by the 2nd respondent, rejecting the petitioner’s application seeking grant of patta in her name for the property morefully disclosed in the prayer to this writ petition.
2. Mr.C.Jayaprakash, learned Government Advocate, accepts notice on behalf of the respondents 1 to 3. Since no adverse order is passed against the 4th respondent in this writ petition, notice to the 4th respondent is dispensed with by this Court.
3. The petitioner has challenged the impugned order on the ground of violation of the principles of natural justice and on the ground that the impugned order is a non-speaking order.
4. As seen from the impugned order, dated 28.10.2024, no reasons have been given by the 2nd respondent for rejecting the petitioner’s application seeking grant of patta in her name. Since the impugned order is a non-speaking order, and has been passed in violation of the principles of natural justice as no opportunity of hearing was granted to the petitioner, necessarily, the impugned order has to be quashed by this Court and the matter has to be remanded back to the 2nd respondent for fresh consideration on merits and in accordance with law, after giving due consideration to the supporting documents filed by the petitioner.
5. For the foregoing reasons, the impugned order, dated
28.10.2024 passed by the 2nd respondent is hereby quashed and the matter is remanded back to the 2nd respondent for fresh consideration on merits and in accordance with law, within a time frame to be fixed by this Court. The petitioner is directed to submit a detailed explanation in writing to the 2nd respondent as to how the petitioner is entitled for grant of patta in her name for the property morefully disclosed in the prayer to this writ petition, within a period of two (2) weeks from the date of receipt of a copy of this order. On receipt of the said explanation from the petitioner within the stipulated time, the 2nd respondent shall consider the same on merits and in accordance with law and also consider the supporting documents filed by the petitioner and after hearing the objections, if any, from all the necessary parties, whom the 2nd respondent deems it fit to enquire and thereafter, the 2nd respondent shall pass a speaking order in respect of the petitioner’s application seeking grant of patta in her name for the subject property, within a period of twelve (12) weeks thereafter.
6. With the above directions, this Writ Petition is disposed of. No costs. Consequently, the connected miscellaneous petitions are closed.
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