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Madras High CourtWP/11188/2026disposed of

K.Thavamani v. The Tahsildar

2026-03-24Honourable Mr Justice Abdul Quddhose4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-03-2026

CORAM

THE HON'BLE MR JUSTICE ABDUL QUDDHOSE and W.M.P. No.12181 of 2026 K.Thavamani S/o.Kannusamy, No.5/252, Goorka Camp, Wellington Barracks Road, Coonor, The Nilgris District.

..Petitioner(s) Vs

1. The Tahsildar Tahsildar Office, Kothagiri Taluk, The Nilgirs District.

2. The Taluk Surveyor Kothagiri Taluk, The Nilgirs District.

3. The Inspector of Police Kothagiri Police Station, The Nilgirs District.

..Respondent(s) PRAYER - This Writ Petition is filed under Article 226 of the Constitution of India, seeking a Writ of Certiorarified Mandamus, calling for the entire records relating to the Impugned rejection order passed by the 1st respondent dated 19.12.2025 in Application I.D.No. 2025/ 0105/ 11/ 048194 and quash the same and Consequently directing the 1st and 2nd respondents to make a measurement and make a subdivision and issue a separate patta in favour of the petitioner in so far relates to the petitioners landed property measuring to an extent of 20

cents situated in S.Nos. 965/ 4A1A and 977/ 10A1A, A1ports, Kothagiri Village and Taluk, The Nilgirs District.

For Petitioner(s):

Ms.R.Hemalatha For Respondent(s):

Mr.S.Arumugam Government Advocate (For R1 & R2) Mr.V.Meganathan Government Advocate (For R3)

O R D E R

This Writ Petition has been filed challenging the impugned order dated 19.12.2025 passed by the 1st respondent rejecting the petitioner's application seeking for issuance of patta in his name for the property morefully disclosed in the prayer to this Writ Petition on the ground that a litigation is pending over the very same property.

2.The petitioner categorically contends before this Court that there is no litigation pending over the property morefully disclosed in the prayer to this Writ Petition. The petitioner has challenged the impugned order on the ground of violation of Principles of natural justice and on the ground it is a nonspeaking order with regard to the petitioner's contentions. As seen from the impugned order, excepting for stating that there is a litigation pending over the property, the 1st respondent has not given detailed reasons for rejection of the petitioner's request for grant of patta in his name. The petitioner was also not

afforded with any opportunity of hearing by the 1st respondent before passing the impugned order. Being a non-speaking order and an order passed in violation of Principles of natural justice, necessarily, the impugned order dated 19.12.2025 has to be quashed by this Court.

3.Accordingly, the impugned order dated 19.12.2025 passed by the 1st respondent is hereby quashed and the matter is remanded back to the 1st respondent for fresh consideration on merits and in accordance with law. The petitioner shall submit a written explanation to the 1st respondent along with supporting documents explaining to the 1st respondent as to how the petitioner is entitled for the grant of patta in his name for the property morefully disclosed 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 said written explanation from the petitioner within the stipulated time, the 1st respondent shall pass final orders on merits and in accordance with law on the petitioner's application seeking for grant of patta in his name, for the property morefully disclosed in the prayer to this Writ Petition, after giving due consideration to the written explanation submitted by the petitioner and the supporting documents produced by the petitioner, within a period of twelve weeks from the date of receipt of a copy of this order.

ABDUL QUDDHOSE, J.

GSA 4.With the above direction, the Writ Petition is disposed of. However, there shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.

24-03-2026 Index: Yes/No Speaking/Non-speaking order GSA To

1. The Tahsildar Tahsildar Office, Kothagiri Taluk, The Nilgirs District.

2. The Taluk Surveyor Kothagiri Taluk, The Nilgirs District.

3. The Inspector of Police Kothagiri Police Station, The Nilgirs District.

and W.M.P. No.12181 of 2026