Case Note & Summary
The petitioner, Revathi Meenammal, purchased a property measuring 2400 sq.ft (Plot Nos.615 and 616 of Ezhil Nagar) in S.No.102/8A at T.Kunnathur Bit-I Revenue Village, Peraiyur Taluk, Madurai District, from one Ganesan under a registered sale deed dated 2.8.2012 (Document No.5842/2012). The petitioner's vendor had been issued patta No.2245 by the first respondent (Tahsildar) under Section 10 of the Patta Passbook Act. The petitioner sought transfer of patta in her name and made an online application, which was not accepted. She then approached the first respondent in person and was advised to submit an offline application. Consequently, she submitted a representation dated 22.11.2024 to the first respondent for transfer of patta. Despite the representation being submitted, no action was taken for over three months, compelling the petitioner to file a writ petition under Article 226 of the Constitution seeking a writ of mandamus to direct the first respondent to issue patta in her name. The court observed that the first respondent had not initiated any action on the petitioner's representation even after a lapse of three months. The court directed the first respondent to follow the procedure contemplated under Section 10 of the Patta Passbook Act read with Rule 4(2) of the Patta Passbook Rules and pass orders on merits and in accordance with law within a period of 12 weeks from the date of receipt of a copy of the order. The writ petition was disposed of with no order as to costs.
Headnote
A) Administrative Law - Mandamus - Patta Transfer - Section 10 of the Patta Passbook Act, Rule 4(2) of the Patta Passbook Rules - Petitioner purchased property under registered sale deed and applied for transfer of patta in her name - The Tahsildar failed to act on her representation for three months - Court directed the Tahsildar to follow procedure under Section 10 r/w Rule 4(2) and pass orders within 12 weeks - Held that the authority must act within reasonable time and in accordance with law (Paras 3-5).
Issue of Consideration
Whether the Tahsildar is obligated to consider and dispose of the petitioner's representation for transfer of patta within a reasonable time.
Final Decision
The writ petition is disposed of directing the first respondent to follow the procedure under Section 10 of the Patta Passbook Act read with Rule 4(2) of the Patta Passbook Rules and pass orders on merits and in accordance with law within a period of 12 weeks from the date of receipt of a copy of this order. No costs.
Law Points
- Mandamus
- Patta transfer
- Section 10 Patta Passbook Act
- Rule 4(2) Patta Passbook Act
- time-bound disposal
