Case Note & Summary
The petitioner, Rasitha Banushah, purchased agricultural land in Katoorani Village, Ramanathapuram District, under a registered sale deed dated 02.05.2000. She was issued patta for the property. She converted the land into 29 plots and remitted regularization fees. During digitalization, the patta was updated as Government land. On 28.10.2024, she filed an appeal before the second respondent (District Revenue Officer) to retain the patta in her vendor's name. As no action was taken, she filed W.P(MD)No.28558 of 2024, which was dismissed as withdrawn with liberty to file a fresh petition. She then filed a representation on 09.12.2024 and the present writ petition seeking a mandamus to dispose of the appeal. The court, after hearing both sides, directed the second respondent to consider and dispose of the representation within eight weeks, after giving an opportunity of hearing to the petitioner and any other interested parties.
Headnote
A) Constitutional Law - Writ of Mandamus - Disposal of Patta Appeal - Article 226 of the Constitution of India - Petitioner sought direction to dispose of patta appeal pending since 2004 - Court directed the second respondent to consider and dispose of the petitioner's representation dated 09.12.2024 within a stipulated time - Held that the authority must decide the appeal on its own merits after hearing all parties (Paras 1-4).
Issue of Consideration
Whether the second respondent should be directed to dispose of the petitioner's patta appeal pending since 2004.
Final Decision
The court directed the second respondent to consider and dispose of the petitioner's representation dated 09.12.2024 in accordance with law, after giving an opportunity of hearing to the petitioner and any other interested parties, within eight weeks from the date of receipt of a copy of the order.
Law Points
- Writ of Mandamus
- Patta Appeal
- Disposal of Representation
- Article 226
Case Details
2025 LawText (MAD) (01) 456
Mr.D.Balamurugapandi, Mr.A.Kannan
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Nature of Litigation
Writ Petition seeking Mandamus to direct disposal of patta appeal.
Remedy Sought
Direction to second respondent to dispose of petitioner's patta appeal in Na.Ka.No.44828 of 2004 by considering representation dated 09.12.2024.
Filing Reason
Patta was updated as Government land during digitalization; appeal pending since 2004.
Previous Decisions
Earlier W.P(MD)No.28558 of 2024 was dismissed as withdrawn with liberty on 29.11.2024.
Issues
Whether the second respondent should be directed to dispose of the petitioner's patta appeal pending since 2004.
Submissions/Arguments
Petitioner argued that patta was wrongly updated as Government land and appeal pending.
Respondents submitted that they would consider the representation.
Ratio Decidendi
The court held that the authority must decide the pending appeal on its own merits after hearing all parties, and a direction for expeditious disposal is appropriate.
Judgment Excerpts
This Writ Petition is filed for a Writ of Mandamus directing the second respondent to dispose of the Petitioner’s patta Appeal in Na.Ka.No.44828 of 2004 by considering the Petitioner’s representation, dted 09.12.2024 in accordance with law within the time stipulated by this Court.
The Petitioner purchased the subject property in S.No.17/3 to an extent 53 cents and S.No.16/6 to an extent of 1 acre and 3 cents, at Katoorani Village, Peravoor Ulkadai, Ramanathapuram Taluk, Ramanathapuram District under a registered sale deed, dated 02.05.2000.
The second respondent is directed to consider and dispose of the Petitioner’s representation, dated 09.12.2024 in accordance with law, after giving an opportunity of hearing to the Petitioner and any other interested parties, if any, within a period of eight weeks from the date of receipt of a copy of this order.
Procedural History
Petitioner filed patta appeal in 2004. On 28.10.2024, she discovered patta was updated as Government land. She filed W.P(MD)No.28558 of 2024 which was dismissed as withdrawn on 29.11.2024. She then filed representation on 09.12.2024 and the present writ petition on 23.01.2025.
Acts & Sections
- Constitution of India: Article 226
