Madras High CourtWP(MD)/24794/2025disposed of

Sheik Mohammed v. The Tahsildar

2025-09-12Honourable Mr Justice Senthilkumar Ramamoorthy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :12.09.2025

CORAM:

THE HONOURABLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY W.P(MD)No.24794 of 2025 and W.M.P.(MD)No.19491 of 2025 Sheik Mohammed ... Petitioner Vs The Tahsildar, Kadayanallur Taluk, Tenkasi District.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus call for the records pertaining to the impugned order in Koppu No. 2025/0154/34/005464 dated 13.08.2025 passed by the respondent and quash the same as arbitrary and consequently, direct the respondent to issue separate town survey extract by subdivision in respect of Survey Field No. 10, Sub-Division No. 1 (Old Survey Nos. 323/1P and 323/2P), Ward J, Vairavankulam Part -2, Block - 31, Kadayanallur Town, Kadayanallur Taluk, Tenkasi District, based on the petitioner's patta transfer application dated 07.07.2025.

For Petitioner : Mr. R.Ponkarthikeyan For Respondents : Mr.K.R.Badurus Zaman Government Advocate 1/4

O R D E R

An order dated 13.08.2025 of the Tahsildar is assailed in this Writ Petition on the ground that the order is non-speaking and that the petitioner was not provided a reasonable opportunity.

2. Learned Government Advocate accepts notice on behalf of respondent.

3. On perusal of the order, it is clear that the said order is cryptic and merely states, 'Court case is pending/disputed cases'. Learned counsel for the petitioner states that W.P.(MD) No.16574 of 2025, which is cited in the impugned order, was disposed of on 20.06.2025.

4. In M.Rani vs. District Collector and others reported in (2025) 1 MLJ 178, this Court framed guidelines for issuance of orders by the Tahsildar. Since the order impugned herein is self-evidently unreasoned, such order is unsustainable and is hereby set aside. Consequently, the matter is remanded for reconsideration by the Tahsildar. After providing a 2/4

reasonable opportunity to the petitioner and any other persons interested in the relevant property, a speaking order shall be issued within a period of three (3) months from the date of receipt of a copy of this order.

5. This Writ Petition is disposed of on these terms. No costs. Consequently, connected miscellaneous petition is closed. NCS : Yes/No 12.09.2025 Index : Yes / No Internet : Yes / No apd To The Tahsildar, Kadayanallur Taluk, Tenkasi District.

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SENTHILKUMAR RAMAMOORTHY.,J.

apd ORDER MADE IN W.P(MD)No.24794 of 2025 12.09.2025 4/4