Devaraj v. The District Collector

ORDER This Writ Petition has been filed, challenging the impugned order dated

02.07.2025 passed by the third respondent, rejecting the petitioner's application, seeking for grant of patta in his name for the property morefully described in the prayer to this writ petition on the ground that objections were raised by the private respondents namely the respondents 4 to 13 in this writ petition.

¶2The 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.

¶3As seen from the impugned order dated 02.07.2025, no enquiry was conducted by the third respondent, rejecting the petitioner's application seeking for issuance of patta in his name. The contentions of the petitioner as raised in this writ petition have also not been considered by the third respondent in the impugned order. No opportunity of hearing was also granted to the petitioner by the third respondent prior to the passing of the impugned order.

¶4Since no adverse orders are passed against the respondents 4 to 13, notice to the respondents 4 to 13 is dispensed with by this Court.

¶5For the foregoing reasons, this Court is of the considered view that the impugned order is a non-speaking order with regard to the contentions of the petitioner, and is an order passed in violation of the principles of natural justice.

¶6In view of the same, necessarily, the impugned order dated 02.07.2025 passed by the third respondent has to be quashed, and the matter has to be remanded back to the third respondent for fresh consideration on merits and in accordance with law.

¶7Accordingly, the impugned order dated 02.07.2025 passed by the third respondent is hereby quashed, and the matter is remanded back to the third respondent for fresh consideration on merits and in accordance with law. The petitioner shall submit a written explanation to the third respondent, along with supporting documents, as to why there is no legal impediment for the third respondent for issuance of patta in favour of the petitioner for the property morefully described 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 third respondent after hearing the objections of the petitioner as well as to respondents 4 to 13 and any other third party, whom the third respondent deems it fit to enquire, shall pass a final order on merits and in accordance with law on the petitioner's representation, seeking for grant of patta in his name after giving due consideration to the contentions of the petitioner as raised in the written explanation as well as after giving due consideration to the supporting documents produced by the petitioner within a period of four weeks thereafter.

¶8In case, the third respondent decides to reject the petitioner's application, seeking for grant of patta, the third respondent shall pass a speaking order, after giving due consideration to the contentions of the petitioner as well as the supporting documents produced by the petitioner.

¶9With the aforesaid directions, this writ petition is disposed of. No Costs. Consequently, connected writ miscellaneous petition is closed. 02-04-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes ab To

1.The District Collector District collectorate office, Dharmapuri District

2.The District Revenue officer District Revenue office, Dharmapuri District

3.The Tahsildar Palacode Taluk, Dharmapuri District WPeNo.e11276eofe2026 ABDULoQUDDHOSEoJ. ab WPoNo.o11276oofo2026 ANDoWMPoNO.o12275o OFo2026 02-04-2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02-04-2026 CORAM THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE AND WMP NO. 12275 OF 2026 1. Devaraj S/o Perumal, No 2/194 Mel Street, Kadagathur Village and Post, Dharmapuri District 636 809 Petitioner(s) Vs 1. The District Collector District collectorate office, Dharmapuri District 2.The District Revenue officer District Revenue office, Dharmapuri District 3.The Tahsildar Palacode Taluk, Dharmapuri District 4.Amalorpavameri, W/o Santhanasamy, Selliyampatti Village and Post, Palacode Taluk, Dharmapuri District 5.Athisayameri D/o Santhanasamy, Selliyampatti Village and Post, Palacode Taluk, Dharmapuri District 6.Andhonisamy S/o Santhanasamy, Selliyampatti Village and Post, Palacode Taluk, Dharmapuri District 7.Josephinmeri, D/o Santhanasamy, Selliyampatti Village and Post, Palacode Taluk, Dharmapuri District 8.Sagayameri D/o Santhanasamy, Selliyampatti Village and Post, Palacode Taluk, Dharmapuri District 9.Arokyameri W/o Jayanathan, Selliyampatti Village and Post, Palacode Taluk, Dharmapuri District 10.Sakayarani D/o jayanathan, Iruthayapuram, Selliyampatti Village and Post, Palacode Taluk, Dharmapuri District 11.Pavulinmeri D/o jayanathan, Selliyampatti Village and Post, Palacode Taluk, Dharmapuri District 12.Jeevameri D/o Jeyanathan, No 1/18 Omalur jai Nagar, Salem District 13.Prakash D/o jayanathan, Selliyampatti Village and Post, Palacode Taluk, Dharmapuri District Respondent(s) PRAYER Call for the records of the 3rd Respondent vide Ref. no 2025/ 0105 / 338315 dated 02.07.2025 and quash the same as illegal, arbtirary and non est in law and also direct the 3rd respondents to issue the patta in favour of the eptitioner in respect of the Property comprised is in survey no. 122/3 A to an extent of area of 10.57 ares (Approximately 26 Cents) situated at selliyampatti Village palacode Taluk Dharmapuri II SRO based on the document was registered in favour of the petitioner vide doucment No. 1951/ 2025 dated 12.03.2025 For Petitioner(s): Mr.G.Mohammed Aseef For Respondent(s): Mr.C.Jayaprakash Govt.Advocate For R1 to R3 ND/W -R4 to R13