WP/40106/2026 of JAGATHEESWARI SELLAIHA Vs THE DISTRICT COLLECTOR on 30 September 2026

ORDER

The present Writ Petition has been filed challenging the order of rejection passed by the third respondent dated 30.03.2025.

2. The learned counsel appearing for the petitioners submitted that the petitioners had submitted an online application dated 01.03.2025, seeking survey and issuance of separate patta in respect of the property comprised in Survey Nos.155/8 and 155/9, Arur Village, Mohanur Taluk, Namakkal District. However, the third respondent, without conducting any enquiry with the joint pattadars, passed the impugned order in a mechanical manner. The impugned order is a non-speaking and cryptic order. It is further submitted that no notice was issued to the petitioners and no opportunity was afforded to them to put forth their case, which is in violation of the principles of natural justice. Under these circumstances, the petitioners submitted further representations dated 10.08.2025 and 16.06.2026, seeking survey, demarcation and issuance of separate patta. However, the third respondent has not taken any effective steps on the said representations till date. Hence, the petitioners have been constrained to file the present Writ Petition.

3. In response, Ms.R.K.Varshini, learned Government Advocate appearing for respondents 1 to 4, fairly submitted that the impugned order is a non-speaking order. She further submitted that, in the event the matter is remanded to the third 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 petitioners and the learned Government Advocate appearing for respondents 1 to 4 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 petitioners and without conducting a proper enquiry with the parties concerned. If the application submitted by the petitioners was proposed to be rejected, the petitioners ought to have been afforded an opportunity of personal hearing. Admittedly, no such opportunity was afforded to the petitioners. The third respondent has, therefore, passed the impugned order in a mechanical manner, in violation of the principles of natural justice.

6. In view of the above, the impugned order passed by the third respondent dated 30.03.2025 is liable to be set aside and, accordingly, the same is set aside. Consequently, the matter is remanded to the third respondent/ the Tahsildar, Mohanur Taluk. The third respondent is directed to conduct a proper enquiry, after issuing notice to the petitioners as well as the other joint pattadars and affording them an opportunity of personal hearing. Thereafter, the third respondent shall consider the claim of the petitioners for survey, demarcation and issuance of separate patta and pass appropriate orders on merits and in accordance with law, after duly considering the relevant records and the contentions of all the parties concerned. The aforesaid exercise shall be completed within a period of sixteen (16) 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.45020 of 2026, filed seeking permission to file a single Writ Petition, is allowed, subject to payment of separate Court fee. W.M.P.No.45022 of 2026, filed seeking to dispense with the production of the original impugned order passed by the third respondent, is also allowed. There shall be no order as to costs. 30-09-2026 Asi

To

1. The District Collector, Namakkal District Collectorate, Namakkal District.

2. The Revenue Divisional Officer, Namakkal District.

3. The Tahsildar, Mohanur Taluk, Namakkal District.

4. The Head Surveyor / Taluk Surveyor, Mohanur Taluk, Namakkal District.

5. The Inspector of Police, Mohanur Police Station, Namakkal District.

KRISHNAN RAMASAMY, J. Asi WP No. 40106 of 2026 and WMP Nos.45020 and 45022 of 2026 30-09-2026