Mrs.Preetha V.Kannan vs The Tahsildar
2022 Latest Caselaw 7259 Mad

                                                                               W.A.No.926 of 2022



                                     IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED: 06.4.2022

                                                          CORAM :

                                    THE HON'BLE MR.MUNISHWAR NATH BHANDARI,
                                                       CHIEF JUSTICE
                                                            AND
                                  THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY


                                                  W.A.No.926 of 2022

                     1.Mrs.Preetha V.Kannan
                     2.Mr.Vaanan Vetrivel Kannan
                     3.Mr.Arun Vetrivel Kannan                                .. Appellants

                                                             vs

                     1.The Tahsildar, Taluk Office,
                       Sengadu, Yercaud, Salem-636601.

                     2.The Village Administrative Officer,
                       Semmanatham Village,
                       Yercaud Taluk, Salem.                                  .. Respondents


                     Prayer: APPEAL under Clause 15 of the Letters Patent against the
                     order dated 18.2.2022 in W.P.No.2971 of 2022.


                                     For Appellants           : Mr.P.J.Rishikesh

                                     For Respondents          : Mr.P.Muthukumar,
                                                                State Government Pleader

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https://www.mhc.tn.gov.in/judis
                                                                               W.A.No.926 of 2022



                                                        JUDGMENT

(Judgment was delivered by the Hon'ble Chief Justice)

The writ appeal has been preferred against the order dated

18.2.2022 passed in W.P.No.2971 of 2022 presuming that a finding

against the petitioner has been given by the learned Single Judge in

paragraph 5 of the impugned order.

2. It is a case where the appellants approached the Tahsildar

concerned for transfer of patta. It was declined because the

document produced in support of the claim was not containing the

required details namely survey number and extent. This order was

assailed before the learned Single Judge without taking the

alternate remedy. Therefore, the writ petition was dismissed,

however, granting liberty to the appellants to avail the alternate

remedy.

3. The learned counsel for the appellants submits that in

paragraph 5 of the impugned order, a finding on the merits of the

case has been recorded by the learned Single Judge.

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https://www.mhc.tn.gov.in/judis W.A.No.926 of 2022

4. We do not find any finding in the impugned order. Rather,

the learned Single had given a reference to the order passed by the

Tahsildar rejecting the application for transfer of patta. In any case,

we have clarified that no finding has been recorded while dismissing

the writ petition. The issue would be decided by the Appellate

Authority independently.

5. In view of the above, we do not find any purpose to cause

interference with the order passed by the learned Single Judge.

6. Accordingly, the writ appeal is dismissed with the above

observation. There will be no order as to costs.

                                                                (M.N.B., CJ.)      (D.B.C.J.)
                                                                         06.4.2022
                     Index : Yes/No

                     To:

1.The Tahsildar, Taluk Office, Sengadu, Yercaud, Salem-636601.

2.The Village Administrative Officer, Semmanatham Village, Yercaud Taluk, Salem.

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https://www.mhc.tn.gov.in/judis W.A.No.926 of 2022

M.N.BHANDARI, CJ AND D.BHARATHA CHAKRAVARTHY,J

RS

W.A.No.926 of 2022

06.4.2022

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https://www.mhc.tn.gov.in/judis