Madras High Court
WP/40020/2026 of GULLAPPA Vs The Zonal Deputy Tahsildar on 30 September 2026
WP No. 40020 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30-09-2026
CORAM
THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY
WP No. 40020 of 2026
and WMP No.44942 of 2026 of 2026
Gullappa
S/o.Basappa,
No.3/410, Matharsanapalli,
Enusonai, Thiyagarasanapalli,
Krishnagiri District.
..Petitioner
Vs
The Zonal Deputy Tahsildar,
O/o.the Tahsildar,
Shoolagiri – Post & Taluk,
Krishnagiri District.
..Respondent(s)
PRAYER: The Writ Petition is filed under Article 226 of the Constitution of India seeking the issuance of a Writ of Certiorarified Mandamus to call for the records relating to the rejection of sub division of patta transfer made in file No.2026/0103/31/044654 on the file of the respondent /Zonal Deputy Tahsildar, Shoolagiri, to issue sub division of patta transfer to the petitioner for the land to an extent of 50 cents in Survey No.27/2D of Enusonai – Village, Shoolagiri Taluk, Krishnagiri District on par with Document No.7021 of 2024 of the file of the Sub Registrar, Shoolagiri, dated 07.10.2024.
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WP No. 40020 of 2026
For Petitioner(s):
Mr. S. Naganathan
for Mr.D.Veerasekharan
For Respondent(s):
Mrs. A. Bakkiya Lakshmi
Additional Government Pleader
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ORDER
The present Writ Petition has been filed challenging the order of rejection passed by the respondent dated 27.08.2026.
2. The petitioner submits that he is an agriculturist and that, along with his friend, he jointly purchased an extent of 50 cents in Survey No.27/2D, Enusonai Village, Shoolagiri Taluk, Krishnagiri District, under a registered Sale Deed bearing Document No.7021 of 2024, dated 07.10.2024. The petitioner states that the total extent comprised in the said Survey Number is 66 Ares (163 cents) and that the petitioner and his co-purchaser are in possession and enjoyment of the extent of 50 cents purchased by them. Seeking subdivision of the said extent and transfer of patta in their names, the petitioner approached the respondent. However, without issuing notice to the petitioner and without affording him an opportunity of personal hearing, the respondent passed the impugned non-speaking order dated 27.08.2026 in a mechanical manner, in violation of the principles of natural justice. Challenging the same, the present Writ Petition has been filed. __________
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WP No. 40020 of 2026
3. In response, Mrs.A. Bakkiya Lakshmi, learned Additional Government Pleader appearing for the respondent, fairly submitted that the impugned order is a non-speaking order. She further submitted that, in the event the matter is remanded to the respondent, a proper enquiry would be conducted and appropriate orders would be passed in accordance with law.
4. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondent and perused the records.
5. On perusal of the records, it is evident that the impugned order is a non-speaking order, which has been passed without issuing notice to the petitioner and without conducting a proper enquiry with the parties concerned. If the application submitted by the petitioner was proposed to be rejected, the petitioner ought to have been afforded an opportunity of personal hearing. Admittedly, no such opportunity was afforded to the petitioner. The respondent has, therefore, passed the impugned order in a mechanical manner, in violation of the principles of natural justice. __________
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WP No. 40020 of 2026
6. In view of the above, the impugned order passed by the respondent dated 27.08.2026 is liable to be set aside and, accordingly, the same is set aside. Consequently, the matter is remanded to the respondent/Zonal Deputy Tahsildar. The respondent is directed to conduct a proper enquiry, after issuing notice to the petitioner, his co-purchaser/co-owner and any other interested parties concerned, and afford them an opportunity of personal hearing. Thereafter, the respondent shall consider the claim of the petitioner and his co- purchaser for subdivision of the property and transfer of patta in accordance with law and pass appropriate orders on merits, uninfluenced by the observations made in this order. The aforesaid exercise shall be completed within a period of eight (8) weeks from the date of receipt of a copy of this order.
7. With the above observations and directions, this Writ Petition stands disposed of. Consequently, W.M.P.No.44942 of 2026, filed seeking to dispense with the production of the original impugned order passed by the respondent, is also allowed. There shall be no order as to costs. 30-09-2026 Asi __________
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WP No. 40020 of 2026 To The Zonal Deputy Tahsildar, O/o.the Tahsildar, Shoolagiri – Post & Taluk, Krishnagiri District. __________
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WP No. 40020 of 2026 KRISHNAN RAMASAMY, J. Asi WP No. 40020 of 2026 and WMP No.44942 of 2026 of 2026 30-09-2026 __________
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