S.Ponnammal v. The District Collector

ORDER This writ petition has been filed, challenging the impugned order dated

28.11.2025 passed by the third respondent, rejecting the petitioner's application seeking for issuance of patta for the property, morefully disclosed in the application for patta transfer, submitted by the petitioner on 28.11.2025 on the ground that a court case is pending.

2.The petitioner has challenged the impugned order on the ground of violation of principles of natural justice and on the ground that the impugned order is a non-speaking order. The petitioner contends that under a preliminary decree passed in a Civil Suit, the petitioner is entitled for issuance of joint patta along with others. Hence, the petitioner contends that she had applied for patta transfer for issuance of joint patta through her application dated 28.11.2025, which has been rejected under the impugned order on the ground that the court case is pending.

3.As seen from the impugned order, the preliminary decree obtained by the petitioner in the civil suit has not been considered. The petitioner categorically contends that as per the preliminary decree, the petitioner is entitled for issuance of joint patta as prayed for in the petitioner's patta transfer application dated 28.11.2025. Excepting for stating that the court case is pending, no reason whatsoever has been given in the impugned order while rejecting the petitioner's application seeking for issuance of joint patta. The petitioner has not been afforded any opportunity to file additional documents, if so required, to substantiate the petitioner's case for issuance of joint patta as prayed for in her patta transfer application dated 28.11.2025.

4.Being an order passed in violation of principles of natural justice and a non-speaking order, 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.Accordingly, the impugned order dated 28.11.2025 passed by the third respondent is hereby quashed and the matter is remanded back to the third respondent for fresh consideration of the petitioner's patta transfer application dated 28.11.2025, on merits and in accordance with law, after hearing the objections of the necessary parties, which includes the other parties to the partition suit.

6.For the foregoing reasons, this writ petition is disposed of by permitting the petitioner to submit her written explanation as to how she is entitled for issuance of joint patta as prayed for in her patta transfer application dated

28.11.2025, within a period of two weeks from the date of receipt of a copy of this order. The third respondent shall consider the same and pass final orders as directed by this Court within a period of 12 weeks thereafter. No costs. WMP. No.6652 of 2026 is ordered subject to the payment of separate court fee. Consequently, connected WMP is closed. 24-02-2026 vga To

1.The District collector office of the Collectorate, Erode District.

2.The Revenue Divisional Officer Gobichettipalayam, Erode District.

3.The Thasildar Nambiyur Taluk, Erode District. WPeNo.e6161eofe2026 ABDULoQUDDHOSEoJ. vga WPoNo.o6161oofo2026 ANDoWMPoNOs.o6652o&o 6654oOFo2026 24-02-2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24-02-2026 CORAM THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE WP No. 6161 of 2026 AND WMP Nos.6652 & 6654 OF 2026 1. S.Ponnammal 2. S.Kolandasamy Petitioner(s) Vs 1. The District collector office of the Collectorate, Erode District. 2.The Revenue Divisional Officer Gobichettipalayam, Erode District. 3.The Thasildar Nambiyur Taluk, Erode District. Respondent(s) PRAYER calling for the records pertaining to the 3rd respondent in Application No.2025/ 0103/ 10/ 574729 dated 28.11.2025 to quash the same and consequently direct the 3rd respondent to enter their names in the revenue records pertaining to survey Nos.286/2, 317/2A, 277/1, 261/1, 281/5, 248/1, Emmampoondu Village, Nambiyur Taluk, Erode District For Petitioner(s): Mr.V.Karthikeyan For Respondent(s): Mr.C.Jayaprakash Govt Advocate