K.Elmalai v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28-01-2026

CORAM

THE HON'BLE MR JUSTICE ABDUL QUDDHOSE WP No. 1779 of 2026 AND WMP NO. 1855 OF 2026 K.Elmalai ..Petitioner(s) Vs The Tahsildar Thandarampattu Taluk, O/o. The Tahsildar Thanipadi Road, Thandarampattu -606 707 Tiruvannamalai District ..Respondent(s) to call for the records pertaining to the order issued b the Respondent dated 07.09.2025 through SMS on the Petitioners Cell Phone bearing Number 9865329852 quash the same and consequently direct the Respondent to survey and earmark the boundaries pertaining to the land comprised in Survey No.202/3 Thandarampattu Village and Taluk, Tiruvannamalai District, admeasuring 3.16 Acres and issue Separate Patta in the name of the Petitioner within a time frame that may be fixed by this Honble Court.

For Petitioner(s):

Mr.JP. Krishna For Respondent(s):

Mr.C.Jayaprakash, Government Advocate Order This writ petition has been filed, challenging the impugned order dated 07.09.2025 passed by the respondent, rejecting the petitioner's application seeking for issuance of patta in his name for the property, morefully described in the prayer to this writ petition.

2.The petitioner has challenged the impugned order on the ground that the same is a non-speaking order and the respondent has not given due consideration to the documents filed by the petitioner in support of the petitioner's application seeking for issuance of patta. 3.Mr.C.Jayaprakash, learned Government Advocate accepts notice on behalf of the respondent.

4.Admittedly, as seen from the impugned order, which is an SMS sent by the respondent, the impugned order is a non-speaking order. The supporting documents filed by the petitioner along with the petitioner's application seeking for issuance of patta has not been considered. No enquiry was also conducted by

the respondent on the petitioner's application before rejecting the petitioner's application.

5.In view of the same, necessarily, the impugned order dated 07.09.2025 has to be quashed and the matter has to be remanded back to the very same respondent for fresh consideration, on merits and in accordance with law, after giving due consideration to the documents produced by the petitioner. 6.For the foregoing reasons, this writ petition is disposed of. The respondent shall pass a final speaking order on the petitioner's application seeking for issuance of patta, after giving due consideration to the documents filed by the petitioner, within a period of 12 weeks from the date of receipt of a copy of this order, after hearing the objections if any from the neighbouring land owners and any other third party whom the respondent deems it fit to enquire. Consequently, connected WMP is closed. No costs. 28-01-2026 VGA To The Tahsildar Thandarampattu Taluk, O/o. The Tahsildar Thanipadi Road, Thandarampattu -606 707 Tiruvannamalai District

ABDUL QUDDHOSE J.

VGA AND WMP NO. 1855 OF 2026 28-01-2026