Poongodi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-06-2026

CORAM

THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY AND WMP NO. 19071 OF 2026 Poongodi W/o.Palanisamy, No.116, Chinnappan Street, Kuppandampalayam, Siruvalur Village, Gobichettipalayam Taluk, Erode District- 638 054.

..Petitioner(s) Vs

1. The District collector Erode District, Erode.

2. The Tahsildar Gobichettipalayam Taluk, Erode District.

3. The Zonal Deputy Tahsildar Gobichettipalayam Taluk, Erode District.

4. The Village Administrative Officer Siruvalur Village, Erode District.

..Respondent(s) Prayer:

Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the 3rd Respondent in his Proceedings in file No.2025/ 0103/ 10/ 581055 dated 03.03.2026 quash the same as illegal, arbitrary and Coupled with bias and Consequently directing the 3rd Respondent

to issue a Sub-divide patta for 39.5 cents of land in Re. Sa.Na. 490/3 and 342.27 cents of land in Re.sa.No.490/4 situated in Siruvallur Village, Gobichettipalayam Taluk, Erode District within a time stipulated by this Honble court.

For Petitioner(s):

Ms.K.Swetha For Respondent(s):

Mr.B.Pachaiyappan, Govt's counsel

ORDER

This writ petition has been filed against the impugned order dated 03.03.2026 passed by the 3rd respondent.

2. Mr.B.Pachaiyappan, learned Government's counsel, takes notice on behalf of the respondents.

3. By consent of the parties, the main petition is taken up for disposal in the stage of admission itself.

4. The learned counsel for the petitioner would submit that in this case, the impugned order was passed without conducting any proper enquiry which is a clear violation of principles of natural justice. Hence, he requests this Court to set aside the said impugned order.

5. Further, he would contend that the 3rd respondent had passed the impugned order as a non-speaking order without assigning sufficient reasons. Hence, he requests this Court to pass appropriate orders.

6. In reply, the learned Government's counsel appearing for the respondent had confirmed the above submissions and would request this Court to pass appropriate orders.

7. Heard the learned counsel for the petitioner and the learned counsel for the respondent and also perused the materials available on record.

8. In the case on hand, upon perusal of the impugned order, it appears that the 3rd respondent had passed the said order as a non-speaking order, without assigning sufficient reasons. Further, it was submitted that no proper enquiry was conducted prior to the passing of impugned order. In such case, there is no doubt that the impugned order was passed in violation of principles of natural justice and hence, the same is liable to be set aside. Accordingly, this Court passes the following order:- (i) The impugned order dated 03.03.2026 is set aside and the matter is remanded to the respondent for fresh consideration.

(ii) The respondent is directed to issue notice to all the concerned parties and conduct enquiry and thereafter, pass a detailed speaking order, on merits and in accordance with law, within a period of 12 weeks from the date of receipt of a copy of this order.

9. With the above directions, this writ petition is disposed of. No costs. Consequently, the connected miscellaneous petitions are also closed. 04-06-2026 Index: Yes/No Speaking/Non-speaking order nsa To

1. The District collector Erode District, Erode.

2. The Tahsildar Gobichettipalayam Taluk, Erode District.

3. The Zonal Deputy Tahsildar Gobichettipalayam Taluk, Erode District.

4. The Village Administrative Officer Siruvalur Village, Erode District.

KRISHNAN RAMASAMY J.

nsa AND WMP NO. 19071 OF 2026 04-06-2026