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2026 Supreme(Online)(Mad) 20005

IN THE HIGH COURT OF JUDICATURE AT MADRAS
ABDUL QUDDHOSE, J
Krishnasamy – Appellant
Versus
Vijayalakshmi – Respondent
Writ Petition|2025/0105/32/426197



Advocates:
For the Appellants/Petitioners: Mr.T.Balachandran
For the Respondents:Mr.C.Jayaprakash Govt Advocate

The absence of a speaking order violates principles of natural justice, necessitating quashal and remand for reconsideration.

Headnote:The court analyzed the principles of natural justice and the requirements of a speaking order as per the law. The petitioner challenged the impugned order dated 15.08.2025 based on failure to consider objections and supporting documents. The court found the impugned order deficient and ruled that it should be quashed and the matter remanded for fresh consideration. The order was quashed with directives for reconsideration within 12 weeks.

Table of Content
1. violation of natural justice due to non-speaking order. (Para 1 , 2)
2. lack of consideration for objections and supporting documents. (Para 4 , 5)
3. order quashed and remanded for fresh consideration. (Para 6)
4. final order with directives for reconsideration. (Para 7)

ORDER

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

15.08.2025 passed by the third respondent, rejecting the petitioner’s application seeking for subdivision of patta in the name of the petitioner for the property, morefully disclosed in the prayer to this writ petition.

2.The 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.

3.Mr.C.Jayaprakash, learned Government Advocate accepts notice on behalf of respondents 1 to 3. Since no adverse order is being passed against the fourth respondent, notice to the fourth respondent is dispensed with by this Court.

4.Admittedly, as seen from the impugned order, it is a non-speaking order with regard to the petitioner’s contentions and the supporting documents, filed by the petitioner. Except stating that there are objections raised by brothers and sisters of the petitioner, there are no other reasons given by the third respondent for rejecting the petitioner’s application seeking for subdivision of patta.

5.In the impugned order, the contentions of the petitioner has not been considered and the supporting documents produced by the petitioner in support of his application seeking for subdivision of patta have also not been considered.

6.Being a non-speaking order and an order passed in violation of the principles of natural justice and since no opportunity of hearing was granted to the petitioner, this Court is of the considered view that the impugned order dated 15.08.2025 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.

7.For the foregoing reasons, this writ petition is disposed of by quashing the impugned order dated 15.08.2025 passed by the third respondent and remanding the matter back to the third respondent for fresh consideration. The third respondent shall pass final orders, on merits and in accordance with law, after giving due consideration to the contentions of the petitioner as well as the supporting documents produced by the petitioner and after hearing the objections of the fourth respondent and any other third party whom the third respondent deems it fit to enquire, within a period of 12 weeks from the date of receipt of a copy of this order.

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