Case Note & Summary
The petitioner, M. Mathivathanan, filed a writ petition under Article 226 of the Constitution of India before the Madurai Bench of the Madras High Court seeking a Writ of Mandamus to direct the respondents (District Revenue Officer, Revenue Divisional Officer, Revenue Tahsildar, and the Executive Officer of the Hindu Religious and Charitable Endowment Department) to conclude proceedings for issuance of patta in the name of his ancestors. The subject property, measuring 35½ cents in S.No.133/4 at Ottankadu Village, Pattukottai Taluk, Thanjavur District, was purchased by the petitioner's ancestor, Akilandathammal, via a registered sale deed dated 06.03.1970. Despite the registered document and earlier revenue records, the land was classified as prohibited land, and patta was refused. The petitioner submitted a representation on 25.06.2024 and several subsequent representations, some of which were forwarded by the first respondent to respondents 2 and 3 for further proceedings. The petitioner sought a direction to conclude these proceedings as per the first respondent's letter dated 29.07.2024. The court, after hearing the counsels for both sides, disposed of the petition by directing the respondents 1 to 3 to consider the petitioner's representation and pass orders within six weeks from the date of receipt of the order, after providing an opportunity of hearing to the petitioner and the fourth respondent. The court clarified that it had not expressed any opinion on the merits of the case.
Headnote
A) Constitutional Law - Writ of Mandamus - Time-Bound Disposal - Article 226 of the Constitution of India - Petitioner sought direction to revenue authorities to conclude patta proceedings initiated pursuant to his representation - Court held that the respondents must consider the petitioner's representation and pass orders within a reasonable time - Directed disposal within six weeks (Paras 1-4).
Issue of Consideration
Whether the respondents should be directed to conclude the proceedings for issuance of patta in the name of the petitioner's ancestors within a stipulated time.
Final Decision
The writ petition is disposed of directing the respondents 1 to 3 to consider the petitioner's representation dated 25.06.2024 and pass orders within six weeks from the date of receipt of the order, after providing an opportunity of hearing to the petitioner and the fourth respondent. No costs.
Law Points
- Writ of Mandamus
- Patta
- Prohibited Land
- Revenue Proceedings
- Time-Bound Disposal
Case Details
2025 LawText (MAD) (01) 53
For Petitioner: Mr.J.Anandkumar, For Respondents 1 to 3: Mr.A.Kannan, Additional Government Pleader, For Respondent-4: Mrs.S.Praba
1.The District Revenue Officer, Office of the District Collector, Thanajavur District. 2.The Revenue Divisional Officer, Pattukottai, Thanjavur District. 3.The Revenue Tahsildar, Pattukottai Taluk, Thanjavur District. 4.The Executive Officer, Hindu Religious and Charitable Endowment Department, Arulmighu Anjaneya Temple, Palathali, Pattukottai Taluk, Thanjavur District.
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Nature of Litigation
Writ Petition under Article 226 of the Constitution of India seeking a Writ of Mandamus.
Remedy Sought
Direction to respondents 1 to 3 to conclude proceedings for issuance of patta in the name of the petitioner's ancestors as per letter dated 29.07.2024 and to grant patta for 35½ cents in S.No.133/4 at Ottankadu Village, Pattukottai Taluk, Thanjavur District.
Filing Reason
The petitioner's ancestor purchased the property in 1970 but the land was classified as prohibited land and patta was refused despite registered documents and earlier revenue records.
Issues
Whether the respondents should be directed to conclude the patta proceedings within a stipulated time.
Submissions/Arguments
Petitioner submitted representations starting 25.06.2024, some forwarded by first respondent to respondents 2 and 3 for further proceedings.
Respondents took notice and consented to final disposal at admission stage.
Ratio Decidendi
The court directed the respondents to consider the petitioner's representation and pass orders within a reasonable time, as the petitioner had made representations and the matter was pending.
Judgment Excerpts
This Writ Petition is filed for a Writ of Mandamus directing the respondents 1 to 3 to conclude the proceedings initiated for issuance of patta in the name of the Petitioner’s ancestors as per the letter, dated 29.07.2024 in Na.Ka.No.1712051/2024/Vu(3) of the first respondent and to grant patta for an extent of 35 ½ cents in S.NO.133/4 at Ottankadu Village, Pattukottai Taluk, Thanjavur District.
The subject property in S.No.133/4 to an extent of 35 ½ cents was purchased by the Petitioner’s ancestor Akilandathammal by way of registered sale deed, dated 06.03.1970.
Without considering the registered document and the earlier revenue documents, the said land was classified as prohibited land and patta was refused to an extent of 35 ½ cents of land belonging to the Petitioner’s ancestors.
Procedural History
The petitioner filed W.P(MD)NO.2162 OF 2025 before the Madurai Bench of Madras High Court. The court took up the petition for final disposal at the admission stage with consent of both parties.
Acts & Sections
- Constitution of India: Article 226