Madras High CourtWP(MD)/15530/2022disposed of

Valarmathi. R v. The Tahsildar

2025-11-05Honourable Mr Justice Senthilkumar Ramamoorthy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.11.2025

CORAM

THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.(MD)No.15530 of 2022 and W.M.P(MD)Nos.11193 & 11194 of 2022 R.Valarmathi

...Petitioner

Vs 1.The Tahsildar, Kayathar Taluk,Tuticorin District.

2.K.R.S.Ponnusamy Pandian 3.P.Karuppasamy

...Respondents

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order of the 1st respondent in TR.No.2022/0103/28/339648TR dated 08.07.2022 and quash the same and consequently direct the 1st respondent to restore the Patta No.1320 as it was then before the impugned order.

For Petitioner : M/s.H.Arumugam For Respondents : Mr.K.Balasubramani Special Government Pleader for R1 No appearance for R2 and R3 1/4

ORDER

The patta transfer order dated 08.07.2022 is challenged in this writ petition on the ground that such patta transfer order was issued without notice to the petitioner.

2. Notice was ordered on the 2nd and 3rd respondents on 18.07.2022. In spite of service of notices and the names of the said respondents being printed in the causelist, there is no representation for the said respondents. Therefore, the matter is proceeded with in their absence.

3. On perusal of the impugned order, it is clear that the pattadhar prior to the patta transfer was the petitioner, Valarmathi. There is no indication whatsoever in the order that the petitioner was heard before such order was issued. In view thereof, the order cannot be sustained and is hereby set aside. As a consequence, the matter is remanded to the Tahsildar for reconsideration. After providing a reasonable opportunity to the petitioner and the private respondents herein, a fresh speaking order shall be issued within three months from the date of receipt of a copy of this order. No costs. Consequently, connected writ miscellaneous petitions are also closed. 05.11.2025 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR 2/4

To The Tahsildar, Kayathar Taluk,Tuticorin District.

3/4

SENTHILKUMAR RAMAMOORTHY , J.

RJR W.P.(MD)No.15530 of 2022 05.11.2025 4/4