Citation : 2026 Latest Caselaw 1194 Mad
Judgement Date : 12 March, 2026
WP No. 8878 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 12-03-2026 CORAM THE HON'BLE MR JUSTICE ABDUL QUDDHOSE WP No. 8878 of 2026 AND WMP NO. 9574 OF 2026 Chinnapaiyan ..Petitioner(s) Vs
1. The Tahsildar Taluk Office, Chengam, Chengam, Tiruvannamalai -606 701
2. The Zonal Deputy Tahsildar Taluk Office, Chengam, Chengam, Tiruvannamalai -606 701
3. Pichandi ..Respondent(s)
calling for the entire records relating to the impugned patta transfer orders passed in 2025/N103/06/048656 by the Second Respondent and quash the same and consequently to direct the first two Respondents to mutated Petitioner name in Karapattu Revenue Village Natham Survey Number 1080/2 to the extent of 0-0.96 Ares based on the Petitioners online application dated 18.11.2025 within the time bound manner fixed by this Honble court
For Petitioner(s): Mr.V.Narasimma Moorthy
For Respondent(s): Mr.S.Arumugam Govt Advocate For R1 & R2 ND/W - R3 -Pvt
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Order
This writ petition has been filed, challenging the undated impugned order
passed by the first respondent, based on the petitioner’s online application dated
18.11.2025 rejecting the petitioner’s patta transfer application in respect of the
property, morefully disclosed in the prayer to this writ petition on the ground
that the petitioner did not produce the parent documents.
2.The petitioner has challenged the impugned order on the ground of
violation of principles of natural justice and on the ground that it is a non-
speaking order. The petitioner categorically contends before this Court that he is
having all the parent documents and therefore, according to him, without
considering the same, arbitrarily, his application for transfer of patta has been
rejected by the first respondent. The petitioner has also filed supporting
documents along with this writ petition, which includes title deeds. This Court
is not expressing any opinion on the merits of the same.
3.Mr.S.Arumugam, learned Government Advocate accepts notice on
behalf of respondents 1 and 2. Since no adverse order is being against the third
respondent, notice to the third respondent is dispensed with by this Court.
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4.Since the impugned order is a non-speaking order and is an order
passed without hearing the petitioner, which amounts to violation of principles
of natural justice, this Court is of the considered view that the impugned order
has to be quashed and the matter has to be remanded back to the very same
respondent for fresh consideration, on merits and in accordance with law, within
a time frame to be fixed by this Court.
5.For the forgoing reasons, this writ petition is disposed of and the
impugned order passed by the first respondent is quashed and the matter is
remanded back to the first respondent for fresh consideration, on merits and in
accordance with law. The petitioner shall submit a written explanation to the
first respondent along with the supporting documents explaining as to how he is
entitled for transfer of patta for the subject property in his name, within a period
of two weeks from the date of receipt of a copy of this order.
6.On receipt of the said written explanation within the stipulated time, the
first respondent shall pass final orders, on merits and in accordance with law,
after giving due consideration to the supporting documents, produced by the
petitioner, within a period of 12 weeks thereafter. If the first respondent decides
to once again reject the petitioner's application, the first respondent will have to
pass a speaking order, after giving due consideration to the contentions of the
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petitioner and the supporting documents produced by the petitioner.
Consequently, connected WMP is closed. No costs.
12-03-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No
VGA
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To
1. The Tahsildar Taluk Office, Chengam, Chengam, Tiruvannamalai -606 701
2. The Zonal Deputy Tahsildar Taluk Office, Chengam, Chengam, Tiruvannamalai -606 701
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ABDUL QUDDHOSE J.
VGA
AND WMP NO. 9574 OF 2026
12-03-2026
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