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2026 Supreme(Online)(Mad) 31170

IN THE HIGH COURT OF JUDICATURE AT MADRAS
ABDUL QUDDHOSE, J
Myithili – Appellant
Versus
The Tahsildhar Ponneri Taluk Tiruvallur – Respondent
WMP No.12813 of 2026



Advocates:
For the Petitioner(s): Mr.A.Ilayaperumal
For the Respondent(s):Mr.C.Jayaprakash Govt.Advocate For Respondent

Non-speaking orders rejecting patta transfer without hearing violate natural justice principles and must be quashed.

Headnote:Under Article 226 of the Constitution of India, the petitioner challenged an order rejecting her application for transfer of patta without hearing. The impugned order was a non-speaking communication via WhatsApp, violating principles of natural justice as no opportunity of hearing was provided and contentions were not addressed. The court found the order liable to be quashed. The key issue was whether the rejection order violated natural justice principles. The court observed that the order failed to consider petitioner's contentions and lacked reasons, constituting a non-speaking order. Ratio decidendi: Administrative orders rejecting patta transfer must be speaking orders and provide hearing opportunity. The impugned order dated 10.03.2026 was quashed and remanded to the second respondent for fresh consideration on merits, with hearing, within twelve weeks.

Table of Content
1. challenges patta transfer rejection order (Para 1)
2. order non-speaking, no hearing given (Para 2)
3. quash order, remand for fresh hearing (Para 3 , 4)

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 non- speaking 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.

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