Kathija Beevi v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.10.2025

CORAM

THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.(MD)No.18611 of 2025 and W.M.P(MD)Nos.14270 and 14271 of 2025 Kathija Beevi

...Petitioner

Vs

1. The Tahsildar, Paramakudi Taluk, Paramakudi.

2. The Sub Registrar, Paramakudi, Ramanathapuram District.

3. Abdul Basith

...Respondents

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, by calling for records relating to the proceedings of the 1st respondent made in T.R.No.2025/0153/27/001071TR dated 25.06.2025 and quash the same and consequently direct the 1st respondent to restore the patta in respect of property comprised in Paramakudi Town, Survey Ward G, Block No. 21, T.S.Nos. 30 to 36 in favour of petitioner. For Petitioner : Mr.R.Murali For Respondents : Mr.P.Thambidurai Government Advocate for R1 & R2 No appearance for R3 1/4

ORDER

The patta transfer order dated 25.06.2025 is challenged in this writ petition primarily on the ground of breach of principles of natural justice. By such order, the patta in respect of T.S.Nos.30 to 35 were transferred from the name of the petitioner, Kathija Beevi to the name of Naina Mohamad, who is the father of the 3rd respondent.

2.Upon service of notice, the 3rd respondent entered appearance through Mr.A.Abul Hassan and Mr.K.Ajith Kumar. At the hearing on 09.10.2025, the matter was adjourned because learned counsel for the 3rd respondent was not present. Learned counsel is not present at today's hearing also. Therefore, the matter is proceeded with.

2. On perusal of the impugned order, there is no indication at all that the previous pattadhar, namely, the petitioner was heard.

3. Learned Government Advocate also is unable to provide any evidence that the petitioner was heard. In view of the clear breach of principles of natural justice, the impugned order cannot be sustained and is hereby set aside. As a consequence, the matter is remanded for reconsideration by the Tahsildar. After providing a reasonable opportunity to the petitioner, the 3rd respondent and any 2/4

other person concerned, a fresh speaking order shall be issued within three months from the date of receipt of a copy of this order. As a consequence of the patta transfer order being set aside, the patta shall be restored in the name of the petitioner pending readjudication on remand. This writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are also closed. 30.10.2025 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR To

1. The Tahsildar, Paramakudi Taluk, Paramakudi.

2. The Sub Registrar, Paramakudi, Ramanathapuram District.

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SENTHILKUMAR RAMAMOORTHY , J.

RJR W.P.(MD)No.18611 of 2025 30.10.2025 4/4