Chinnapaiyan v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-03-2026

CORAM

THE HON'BLE MR JUSTICE ABDUL QUDDHOSE AND WMP NO. 9574 OF 2026 Chinnapaiyan ..Petitioner(s) Vs

1. The Tahsildar Taluk Office, Chengam, Chengam, Tiruvannamalai -606 701

2. The Zonal Deputy Tahsildar Taluk Office, Chengam, Chengam, Tiruvannamalai -606 701

3. Pichandi ..Respondent(s) calling for the entire records relating to the impugned patta transfer orders passed in 2025/N103/06/048656 by the Second Respondent and quash the same and consequently to direct the first two Respondents to mutated Petitioner name in Karapattu Revenue Village Natham Survey Number 1080/2 to the extent of 0-0.96 Ares based on the Petitioners online application dated 18.11.2025 within the time bound manner fixed by this Honble court For Petitioner(s):

Mr.V.Narasimma Moorthy For Respondent(s):

Mr.S.Arumugam Govt Advocate For R1 & R2 ND/W - R3 -Pvt

Order This writ petition has been filed, challenging the undated impugned order passed by the first respondent, based on the petitioner's online application dated 18.11.2025 rejecting the petitioner's patta transfer application in respect of the property, morefully disclosed in the prayer to this writ petition on the ground that the petitioner did not produce the parent documents. 2.The petitioner has challenged the impugned order on the ground of violation of principles of natural justice and on the ground that it is a nonspeaking order. The petitioner categorically contends before this Court that he is having all the parent documents and therefore, according to him, without considering the same, arbitrarily, his application for transfer of patta has been rejected by the first respondent.

The petitioner has also filed supporting documents along with this writ petition, which includes title deeds. This Court is not expressing any opinion on the merits of the same. 3.Mr.S.Arumugam, learned Government Advocate accepts notice on behalf of respondents 1 and 2. Since no adverse order is being against the third respondent, notice to the third respondent is dispensed with by this Court.

4.Since the impugned order is a non-speaking order and is an order passed without hearing the petitioner, which amounts to violation of principles of natural justice, this Court is of the considered view that the impugned order 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, within a time frame to be fixed by this Court.

5.For the forgoing reasons, this writ petition is disposed of and the impugned order passed by the first respondent is quashed and the matter is remanded back to the first respondent for fresh consideration, on merits and in accordance with law. The petitioner shall submit a written explanation to the first respondent along with the supporting documents explaining as to how he is entitled for transfer of patta for the subject property in his name, within a period of two weeks from the date of receipt of a copy of this order. 6.On receipt of the said written explanation within the stipulated time, the first respondent shall pass final orders, on merits and in accordance with law, after giving due consideration to the supporting documents, produced by the petitioner, within a period of 12 weeks thereafter. If the first respondent decides to once again reject the petitioner's application, the first respondent will have to pass a speaking order, after giving due consideration to the contentions of the

petitioner and the supporting documents produced by the petitioner. Consequently, connected WMP is closed. No costs. 12-03-2026 Index: Yes/No Speaking/Non-speaking order VGA

To

1. The Tahsildar Taluk Office, Chengam, Chengam, Tiruvannamalai -606 701

2. The Zonal Deputy Tahsildar Taluk Office, Chengam, Chengam, Tiruvannamalai -606 701

ABDUL QUDDHOSE J.

VGA AND WMP NO. 9574 OF 2026 12-03-2026