IN THE HIGH COURT OF JUDICATURE AT MADRAS
MR. ABDUL QUDDHOSE, J
S.Anbazhagan – Appellant
Versus
The Principal Secretary to Government, Revenue Department, Fort St.George, Chennai 600 009. – Respondent
Writ Petition | W.P.No.8705 of 2026
| Table of Content |
|---|
| 1. challenge on natural justice violations. (Para 1 , 3 , 4) |
| 2. acceptance of notice by respondent counsel. (Para 2) |
| 3. writ petition disposed of. (Para 6) |
ORDER
This Writ Petition has been filed challenging the impugned order passed by the 4th respondent, dated 05.02.2026, rejecting the petitioner’s application seeking for issuance of patta in his name for the property morefully disclosed in the prayer to this writ petition.
2. Mr.D.Ravichander, learned Special Government Pleader, accepts notice on behalf of the respondents.
3. The petitioner has challenged the impugned order on the ground of violation of the principles of natural justice and on the ground that the impugned order is a non-speaking order.
4. As seen from the impugned order, dated 05.02.2026, no reason has been given by the 4th respondent for rejecting the petitioner’s application seeking for issuance of patta in his name. Since the impugned order is a non-speaking order, and has been passed in violation of the principles of natural justice as no opportunity of hearing was granted to the petitioner, necessarily, the impugned order has to be quashed and the matter has to be remanded back to the 4th respondent for fresh consideration on merits and in accordance with law, after giving due consideration to the supporting documents filed by the petitioner.
5. For the foregoing reasons, the impugned order, dated
05.02.2026 passed by the 4th respondent is hereby quashed and the matter is remanded back to the 4th respondent for fresh consideration on merits and in accordance with law, within a time frame to be fixed by this Court. The petitioner is directed to submit a detailed explanation in writing to the 4th respondent as to how the petitioner is entitled for issuance of patta in his name for the property morefully disclosed in the prayer to this writ petition, within a period of two (2) weeks from the date of receipt of a copy of this order. On receipt of the said explanation from the petitioner, the 4th respondent shall consider the same on merits and in accordance with law and also consider the supporting documents filed by the petitioner and after hearing the objections, if any, from the neighbouring land owners and any other party, whom the 4th respondent deems it fit to enquire and thereafter, the 4th respondent shall pass a speaking order in respect of the petitioner’s application seeking for issuance of patta in his name for the subject property, within a period of twelve (12) weeks thereafter.
6. With the above directions, this Writ Petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed.
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