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Saritha Beevi v. The Thasildhar

2026-01-22Honourable Mr.Justice K. Surender5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.01.2026

CORAM

THE HONOURABLE MR.JUSTICE K.SURENDER and W.M.P.(MD) Nos.1100 & 1101 of 2026 Saritha Beevi ... Petitioner Vs.

1.The Thasildhar, Thisayanvilai Taluk, Tirunelveli District.

2.The Zonal Deputy Thasildhar, Thisayanvilai Taluk, Tirunelveli District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the second respondent in proceedings No.T.R.2024/0103/29/408701TR dated 02.08.2024 and quash the same as illegal, unconstitutional and consequently direct the respondents to restore patta in favour of the petitioner and her sisters in respect of the properties in survey number 86/11 to an extent of 73.5 Cents situated in Muthumothanmozhi Revenue Village, Thisayanvilai Taluk, Thirunelveli District issued as per the order of the second Page No. 1 of 5

respondent in proceedings No.T.R.2024/0103/29/404983TR dated 12.07.2024 more particularly within a time frame. For Petitioner : Mr.J.Pooventherarajan For Respondents : Mr.R.Ragavendran Government Advocate

O R D E R

In this Writ Petition, the petitioner has challenged the impugned order dated 02.08.2024 passed by the second respondent in Proceedings No.T.R.2024/0103/29/408701TR.

2. With the consent of the parties, this Writ Petition is taken up for final disposal at the admission stage itself.

3. By the impugned order dated 02.08.2024, the second respondent has transferred the patta in the name of one Obaydullah, S/o. Jainulabdeen. The said Obaydullah, who is now deceased, is none other than the brother of the petitioner. The said patta transfer was effected at the instance of the legal heirs of Jainulabdeen. The subject property originally belonged to the petitioner's father. After the demise of the petitioner's parents, the patta stood mutated in the names of the petitioner, Page No. 2 of 5

her sisters and her deceased brother. However, the same has now been mutated by virtue of the impugned order. According to the petitioner, the patta transfer has been effected without issuing any notice to the petitioner and her sisters.

4. The learned Government Advocate appearing for the respondents, on instructions, would submit that though the transfer was effected without issuing notice to the petitioner and her sisters, the petitioner and her sisters have already filed a suit, which is now pending adjudication.

5. As seen from the impugned order, it does not disclose that any kind of intimation or notice was issued to the petitioner or her sisters prior to transferring the patta by removing the names of the petitioner and her sisters. Before transferring the patta from one person to another or removing the existing pattadars from the patta, notice has to be issued to the pattadars concerned. In the present case, since the transfer was effected without putting the petitioner and the other pattadars on notice, on this sole ground, the impugned order deserves to be set aside. Accordingly, the impugned order transferring the patta from the names of Page No. 3 of 5

the petitioner, her sisters and her deceased brother solely in the name of the petitioner's deceased brother is hereby set aside.

6. With the above observations, this Writ Petition is allowed. No costs. Consequently, the connected Miscellaneous Petitions are closed. [K.SURENDER, J.] 22.01.2026 JEN Index : Yes / No To 1.The Thasildhar, Thisayanvilai Taluk, Tirunelveli District.

2.The Zonal Deputy Thasildhar, Thisayanvilai Taluk, Tirunelveli District.

Page No. 4 of 5

K.SURENDER , J.

JEN 22.01.2026 Page No. 5 of 5