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Madras High CourtWP/8446/2026disposed of

Shakila Bee v. The Secretary To Government

2026-03-10Honourable Mr Justice Abdul Quddhose5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-03-2026

CORAM

THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE WP No. 8446 of 2026 AND WMP NO. 9144 OF 2026 Shakila Bee Petitioner(s) Vs

1. The Secretary to Government Revenue Department Government of Tamilnadu Secretariat, Fort St.George, Chennai-600 009 2.The Zonal Deputy Tahsildar Salem -I, Salem District Respondent(s) PRAYER calling for the records of the 2nd respondent relating to the impugned proceedings in File NO.2026/N103/08/000163 dated 5.1.2026 quash the same as illegal, arbitrary and violative of principles of natural justice, and consequently direct the 2nd respondent to transfer the patta for the property in Old S.No.122/3, New S.No.199/1,Pallipatti village, Salem District in favour of the petitioner within a time stipulated by this Honble court. For Petitioner(s):

Ms.Radhika Boopathi For Respondent(s):

Mr.S.Arumugam Govt Advocate

ORDER

This writ petition has been filed, challenging the impugned order dated 05.01.2026 passed by the second respondent, rejecting the petitioner's application seeking for transfer of patta in her name 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 by total nonapplication of mind to the supporting documents produced by the petitioner, the second respondent has rejected the petitioner's application seeking for transfer of patta in her name.

3.Mr.S.Arumugam, learned Government Advocate accepts notice on behalf of the respondents.

4.Admittedly, as seen from the impugned order, no opportunity of hearing was granted to the petitioner by the second respondent. The supporting documents produced by the petitioner have also not been considered by the second respondent. Excepting for stating that there is a civil suit pending in respect of the property, the second respondent has not given any reason for

rejecting the petitioner's application. The petitioner was not afforded any opportunity of hearing by the second respondent before rejecting the petitioner's application seeking for transfer of patta in her name. 5.Being a non-speaking order and an order passed in violation of the principles of natural justice, necessarily, the impugned order has to be quashed and the matter has to be remanded back to the very same respondent for fresh consideration, on merits and in accordance with law. 6.Accordingly, the impugned order dated 05.01.2026 passed by the second respondent is hereby quashed and the matter is remanded back to the second respondent for fresh consideration, on merits and in accordance with law.

The second respondent, after giving an opportunity of hearing to the petitioner and 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 neighbouring land owners if any and any other third party whom the second respondent deems it fit to enquire, shall pass a speaking order on the petitioner's application seeking for transfer of patta in her name, within a period of 12 weeks from the date of receipt of a copy of this order. Consequently, connected WMP is closed. No costs.

To 1.The Secretary to Government Revenue Department Government of Tamilnadu Secretariat, Fort St.George, Chennai-600 009 2.The Zonal Deputy Tahsildar Salem -I, Salem District

ABDUL QUDDHOSE J.

vga AND WMP NO. 9144 OF 2026 10-03-2026