Disposed¶34

Chinnammal v. The Thasildar

Madras HC3 Dec 2025WP(MD)/27842/2025

Case brief

AI extract

What is this about?

Patta transfer without notice; natural justice notice requirement; Certiorarified Mandamus under Article 226; Tahsildar Marungapuri Taluk Trichy; Sy.No.96/1B1 Ackiyampatti Village 0.89.00 Hec; impugned TR No.2023/15/10/0001245D dated 24.02.2023 and T.R.No.2025/0103/15/474274TR dated 09.04.2025 set aside; remanded to Tahsildar for hearing petitioner after notice; disposed at admission stage; no costs; WMP(MD) Nos.21609 and 21611 of 2025 closed.

What did the court decide?

Impugned patta transfer orders set aside; matter remanded to the first respondent (Tahsildar) for hearing the petitioner after giving notice to the concerned parties; writ petition disposed of at admission stage; no order as to costs; connected Miscellaneous Petitions (WMP(MD) Nos.21609 and 21611 of 2025) closed. ¶34

Chinnammal Vs The Thasildar — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the patta transfer orders passed by the first respondent without serving any notice on the petitioner, in whose name the patta stood, are sustainable, and whether they should be set aside and the petitioner heard before any fresh transfer decision.

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Court's answer

The principles of natural justice require that notice be served upon the petitioner in the event of transfer of patta standing in her name.

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Ratio / Principle

As no notice was issued before transferring the patta, the impugned orders are set aside and the matter is remanded to the first respondent for hearing the petitioner after giving notice to the concerned parties.

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Detailed headnote1 paragraphs

Madras High Court (Madurai Bench), W.P.(MD)No.27842 of 2025 (decided 03.12.2025 by K. Surender, J.) : Chinnammal challenged, under Article 226 of the Constitution of India by way of Writ of Certiorarified Mandamus, the patta transfer order in TR No.2023/15/10/0001245D dated 24.02.2023 and the consequential patta transfer order in T.R.No.2025/0103/15/474274TR dated 09.04.2025 passed by the Tahsildar, Marungapuri Taluk, Trichy District, transferring patta over Sy.No.96/1B1, extent 0.89.00 Hec, Ackiyampatti Village, Marungapuri Taluk and Trichy District, following an application by the second respondent. Holding that principles of natural justice require service of notice upon the person in whose name patta stands before its transfer, and noting the Additional Government Pleader's concession that no notice was issued, the Court set aside the impugned orders and remanded the matter to the first respondent to hear the petitioner after giving notice to the concerned parties. Writ petition disposed of at admission stage; no costs; connected Miscellaneous Petitions closed.

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WP(MD). No.27842 of 2025

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BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT

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DATED: 03.12.2025

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CORAM

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THE HONOURABLE MR. JUSTICE K.SURENDER

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W.P.(MD)No.27842 of 2025

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and WMP(MD) Nos.21609 and 21611 of 2025

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Chinnammal ... Petitioner

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The Tahsildar Marungapuri Taluk Trichy District.

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2.S.Ramalingam S/o.Pommalu Naicker, Palarpatty Palayapalayam Post, Marungapuri Taluk Trichy District

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3.Saravanan S/o. Ramalingam, Palarpatty Palayapalayam Post, Marungapuri Taluk Trichy District ... Respondents

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PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the patta transfer order passed by the 1^st

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https://www.mhc.tn.gov.in/judis

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WP(MD). No.27842 of 2025

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respondent in TR No.2023/15/10/0001245D dated 24.02.2023 and the consequential patta transfer order in T.R.No.2025/0103/15/474274TR dated 09.04.2025 and quash the same and further directing the 1^st respondent to restore the patta in the petitioner's name with respect to the property in Sy.No.96/1B1 to an extent of 0.89.00 Hec Ackiyampatti Village, Marungapuri Taluk and Trichy District.

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For Petitioner : Mr.R.Balakrishnan For Respondents : Mr.D.Sadhiq Raja for R1 Addl. Govt. Pleader Mr.S.Sivakumar for R2 and R3

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O R D E R

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The writ petition is filed challenging the impugned order of the 1^st respondent in TR No.2023/15/10/0001245D dated 24.02.2023 and the consequential patta transfer order in T.R.No.2025/0103/15/474274TR dated 09.04.2025 and for a further direction to the 1^st respondent to restore the patta in the petitioner's name with respect to the property in Sy.No.96/1B1 to an extent of 0.89.00 Hec Ackiyampatti Village, Marungapuri Taluk and Trichy District.

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Both parties are present and by considering their arguments, this Writ Petition is disposed of at the admission stage itself.

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https://www.mhc.tn.gov.in/judis

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WP(MD). No.27842 of 2025

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On an application made by the 2 nd respondent for transfer of patta, the impugned orders came to be passed transferring the patta stands in the name of the petitioner.

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4. The principles of natural justice requires a notice to be served upon the petitioner in the event of transfer of patta, which is standing in her name.

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5. The learned Additional Government Pleader for the 1 st

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respondent fairly concedes that no notice was issued before transferring the patta standing in the name of the petitioner.

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6. In the said circumstances, the impugned orders are set aside and the matter is remanded back to the first respondent, for the purpose of hearing the petitioner, after giving notice to the concerned parties.

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https://www.mhc.tn.gov.in/judis

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WP(MD). No.27842 of 2025

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7. With the above observation and direction, this Writ Petition is

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disposed of. There shall be no order as to costs. Consequently connected Miscellaneous Petitions are closed.

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(K.SURENDER, J.) 03.12.2025