← Library
Madras High CourtWP/11754/2026disposed of

Myithili v. The Tahsildhar

2026-03-26Honourable Mr Justice Abdul Quddhose4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-03-2026

CORAM

THE HON'BLE MR JUSTICE ABDUL QUDDHOSE and WMP No.12813 of 2026 Myithili w/o.Seenivasan No.22, 5th street, Deenadayalan Nagar Pattabiram Thiruvallur-600 072 ..Petitioner(s) Vs

1. The Tahsildhar Ponneri Taluk Tiruvallur

2. The Deputy Tahsildhar Ponneri Taluk Tiruvallur ..Respondent(s) Writ petition filed under Article 226 of Constitution of India for the issuance of writ of Certiorarified Mandamus to call for the records, relating to impugned order dated 10.3.2026 of the 2nd respondent and quash the same and consequently direct the respondents to provide an opportunity of personal hearing to the petitioner to put forth her claim for transfer of patta with respect to her property i.e.land measuring 0.08 cents in Old S.No.13/9,New S.No.93/1 of Sothupakkam village, Ponneri Taluk, Thiruvallur District and to conclude the same within stipulated time fixed by this Court.

For Petitioner(s):

Mr.A.Ilayaperumal For Respondent(s):

Mr.C.Jayaprakash Govt.Advocate For Respondent

ORDER

This writ petition has been filed challenging the impugned order passed by the second respondent, whereby the petitioner's application for transfer of patta in her name, in respect of the property more fully described in the prayer, was rejected.

2.

The petitioner has assailed the impugned order on the grounds that it was passed in violation of the principles of natural justice and that it is a nonspeaking order. A perusal of the impugned order shows that it is merely a communication sent to the petitioner through WhatsApp, informing her that the application for transfer of patta has been rejected. The contentions raised by the petitioner have not been considered by the second respondent. Further, no opportunity of hearing was afforded to the petitioner prior to the passing of the impugned order dated 10.03.2026.

3.

In view of the above, the impugned order is a non-speaking one and has been passed in violation of the principles of natural justice, the same is liable to be quashed. Consequently, the matter requires to be remitted back to

the second respondent for fresh consideration on merits and in accordance with law, within a time frame to be fixed by this Court. 4.

Accordingly, the impugned order dated 10.03.2026 passed by the second respondent is hereby quashed, and the matter is remanded to the second respondent for fresh consideration on merits and in accordance with law. The petitioner is directed to submit a written explanation, along with supporting documents, to the second respondent, establishing her entitlement to transfer of patta in her name for the property more fully described in the affidavit filed in support of this writ petition, within a period of two weeks from the date of receipt of a copy of this order. On receipt of the said written explanation and documents within the stipulated time, the second respondent shall consider the same and pass final orders on the petitioner's application, after affording an opportunity of hearing to the necessary parties, within a period of twelve weeks thereafter. No costs. Consequently, the connected miscellaneous petition is closed.

26-03-2026 Index: Yes/No Speaking/Non-speaking order RKA

ABDUL QUDDHOSE, J.

RKA To

1. The Tahsildhar Ponneri Taluk Tiruvallur

2. The Deputy Tahsildhar Ponneri Taluk Tiruvallur 26-03-2026