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Madras High CourtWP/10991/2026disposed of

Kasthuri v. The District Collector

2026-04-09Honourable Mr Justice Abdul Quddhose6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-04-2026

CORAM

THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE AND WMP NO. 14732 OF 2026,WMP NO. 11919 OF 2026

1. Kasthuri S/o. Palanisamy, No.3, K.R.G.Nagar Main Road, Ganapathy, Coimbatore 641 006

2. Dinesh s/o. Kaliyappan, No.4/83 Kurikaranvalasu Village, Aravakurichi Taluk , Karur District Petitioner(s) Vs

1. The District Collector District collector office, Coimbatore district 2.The Assistant municipal commissioner Municipal Corporation office, North zone, Coimbatore 3.The Revenue Divisional officer, Revenue Divisional office, Goundampalayam, Coimbatore district 4.The Tahsildar Coimbatore North Taluk office, Coimbatore district Respondent(s) PRAYER Call for the records pertaining to the impugned message dated 30.08.2025 sent by the 4th respondent and quash the same and consequently direct the him to

make sub division of the property comprised in Survey No. 3/1C situated at Krishnarayapuram Village, Coimbatore Taluk and district based on the sale deed Nos. 2235 of 2016 and 2284 of 2016 dated 22.06.2016 on the file of the Sub Registrar office, Peelamedu, Coimbatore district and issue a separate TSLR patta to the petitioner For Petitioner(s):

Mr.M.Vijaya Ragavan For Respondent(s):

Mr.S.Arumugam Govt.Advocate For R1,R3,R4 Mr.N.Velmurugan For R2

ORDER

This writ petition has been filed, challenging the impugned message dated 30.08.2025 sent by the fourth respondent, rejecting the petitioners' request for subdivision of the property morefully described in the prayer to this writ petition and for issuance of separate TSLR patta in the name of the petitioners for the said property.

2. The petitioners have challenged the impugned message on the ground that it is a non speaking message and has been issued in violation of the principles of natural justice.

3. Mr. S.Arumugam, learned Government Advocate accepts notice on behalf of R1, R3 and R4 and Mr. N. Velmurugan, learned standing counsel accepts notice on behalf of R2.

4. As seen from the impugned message dated 30.08.2025, the fourth respondent has rejected the petitioners' request for subdivision without issuing any proper reason and without affording an opportunity of hearing to the petitioners. The only reason given by the fourth respondent in the impugned message is that a litigation is pending over the property. The details of the litigation pending over the property are also not furnished in the impugned message.

5. The petitioners categorically contend that they are entitled for subdivision of the property. They have also filed supporting documents along with this writ petition in support of their request for subdivision. This Court is not expressing any opinion on the merits of the same.

6. However as seen from the impugned message dated 30.08.2025, it is a non speaking order with regard to the contentions raised by the petitioners in this writ petition as well as the supporting documents produced by the petitioners.

7. The petitioners have also not been afforded any opportunity of hearing by the fourth respondent prior to the issuance of the impugned message dated 30.08.2025. In view of the same, the impugned message dated 30.08.2025 issued by the fourth respondent has to be quashed and the matter has to be

remanded back to the fourth respondent for fresh consideration on merits and in accordance with law within a time frame to be fixed by this Court.

8. Accordingly, the impugned message dated 30.08.2025 issued by the fourth respondent is hereby quashed and the matter is remanded back to the fourth respondent for fresh consideration on merits and in accordance with law. The petitioners shall submit a written explanation to the fourth respondent along with supporting documents, stating as to how the petitioners are entitled for subdivision of the property morefully described in the prayer to this writ petition within a period of two weeks from the date of receipt of a copy of this order. On receipt of the same, within the stipulated time, the fourth respondent, after giving due consideration to the written explanation submitted by the petitioners and the supporting documents produced by the petitioners and after hearing all the necessary parties shall pass final orders on the petitioners' application seeking for subdivision of the property within a period of twelve weeks thereafter.

9. With the aforesaid directions, this writ petition is disposed of. No Costs. Consequently, W.M.P. No.11919 of 2026 is ordered subject to payment of separate Court fee and W.M.P. No.14732 of 2026 is closed. 09-04-2026

Index:Yes/No Speaking/Non-speaking order Internet:Yes ab To 1.The District Collector District collector office, Coimbatore district 2.The Assistant municipal commissioner Municipal Corporation office, North zone, Coimbatore 3.The Revenue Divisional officer, Revenue Divisional office, Goundampalayam, Coimbatore district 4.The Tahsildar Coimbatore North Taluk office, Coimbatore district

ABDUL QUDDHOSE J.

ab AND WMP NO. 14732 OF 2026,WMP NO.

11919 OF 2026 09-04-2026