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Madras High CourtWP/7332/2026disposed of

C.Babu v. The Tahsildar,

2026-03-02Honourable Mr Justice Abdul Quddhose6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-03-2026

CORAM

THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE WP No. 7332 of 2026 AND WMP NOs. 7884 & 7886 OF 2026 C.Babu Petitioner(s) Vs The Tahsildar Avadi Taluk, Chennai.

(respondent amended suo motu by this Court vide order dated 02.03.2026) Respondent(s) PRAYER to call for the records pertaining to the impugned orders proceedings in Na.Ka.TAHA VD 3364/2025/B2order dated 12.6.2025 and subsequent proceedings in Na.Ka.NO.335/2025/A1 order dated 5.11.2025 by the respondent to quash the same and direct the respondent to grant the patta to the petitioner consist of the S.No.340/1(Old S.No.163/2B)measuring about 0.07 1/2 cents in Pandeeswaram village in Ambattur Taluk, Thiruvallur District. For Petitioner:

Mr.V.Manohar For Respondent:

Mr.C.Jayaprakash, Government Advocate

ORDER

This writ petition has been filed, challenging the impugned order dated 12.06.2025 and the subsequent order dated 05.11.2025 passed by the respondent

rejecting the petitioner's application seeking for grant of patta in his name for the property, morefully disclosed in the prayer to this writ petition. 2.The petitioner's application seeking for issuance of patta in his name has been rejected under the impugned orders on the ground that the petitioner, being a Sanitary Worker, is not eligible to obtain patta under G.O. Ms. No.97 Revenue and Disaster Management [LD-1(1)] Department dated 21.02.2025. According to the petitioner, by total non-application of mind to the above G.O., the respondent has passed the impugned orders. According to the petitioner, he is eligible to obtain patta as prayed for in his application and the aforesaid G.O. does not apply to him.

3.The petitioner has challenged the impugned orders on the ground of violation of principles of natural justice as no opportunity was granted to him to place his contentions with regard to the issuance of patta in his name. According to the petitioner, G.O. Ms. No.97 Revenue and Disaster Management [LD-1(1)] Department dated 21.02.2025 has no applicability to the case of issuance of patta for natham lands, which were already in possession of the occupants. Since the petitioner is in possession of the property and the property is also a natham land, G.O. Ms. No.97 Revenue and Disaster Management [LD-1(1)] Department dated 21.02.2025 does not get attracted.

4.Admittedly, the petitioner was not heard by the respondent before passing the impugned orders dated 12.06.2025 and 05.11.2025. The petitioner has also filed supporting documents along with this writ petition, which were also filed by him before the respondent, which have not been considered as seen from the impugned orders.

5.Mr.C.Jayaprakash, learned Government Advocate accepts notice on behalf of the respondent.

6.No prejudice would be caused to the respondent if the matter is remanded back to the respondent for fresh consideration, on merits and in accordance with law, after giving an opportunity to the petitioner to submit an explanation as to how he is entitled for issuance of patta and as to how G.O. Ms. No.97 Revenue and Disaster Management [LD-1(1)] Department dated 21.02.2025 does not apply to him.

7.Being orders passed in violation of principles of natural justice, this Court is of the considered view that the impugned orders dated 12.06.2025 and 05.11.2025 have to be quashed and the matter has to be remanded back to the respondent for fresh consideration, on merits and in accordance with law, within a time frame to be fixed by this Court.

8.Since inadvertently, the petitioner has wrongly described the respondent as The Special Tahsildar, Ambattur Taluk, Thiruvallur District instead of Tahsildar, Avadi Taluk, Chennai, this Court, by exercising its suo motu power, amends the name of the respondent as Tahsildar, Avadi Taluk, Chennai. Registry is directed to carry out the amendment.

9.For the forgoing reasons, this writ petition is disposed of by quashing the impugned orders dated 12.06.2025 and 05.11.2025 passed by the respondent and remanding the matter back to the respondent for fresh consideration, on merits and in accordance with law and by directing the petitioner to submit a written explanation to the respondent explaining as to how the petitioner is entitled for issuance of patta for the subject property despite G.O. Ms. No.97 Revenue and Disaster Management [LD-1(1)] Department dated 21.02.2025, within a period of two weeks from the date of receipt of a copy of this order. On receipt of the said written explanation within the stipulated time, the respondent shall pass final orders, on merits and in accordance with law, after giving due consideration to the explanation as well as the supporting documents, filed by the petitioner, within a period of 12 weeks thereafter. Consequently, connected WMPs are closed. No costs.

02-03-2026 vga

To The Tahsildar Avadi Taluk, Chennai.

ABDUL QUDDHOSE J.

vga AND WMP NOs. 7884 & 02-03-2026