Madras High Court Directs Tahsildar to Consider Representation for Ownership Certificate in Land Dispute. Petitioner Sought Mandamus for Issuance of Urimai Chandru to Avail Electricity Connection; Court Ordered Consideration Within Twelve Weeks After Hearing and Verification of Revenue Records.

High Court: Madras High Court
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Case Note & Summary

The petitioner, Amaravathi, filed a writ petition under Article 226 of the Constitution of India before the Madurai Bench of Madras High Court seeking a writ of mandamus directing the respondents, the Tahsildar of Manmangalam Taluk and the Village Administrative Officer of Kadhaparai Village, to issue an ownership certificate (Urimai Chandru) in respect of her property measuring Ac.1.00 in S.F.No.250/1A6 of Kadhaparai Village, Manmangalam Taluk, Karur District. The purpose of obtaining the certificate was to avail an electricity service connection. The petitioner had submitted a representation to the respondents on 24.06.2022, but no action was taken. The court heard the learned counsel for the petitioner, Mr.K.Suresh, and the learned Government Advocate for the respondents, Mr.M.Senthil Ayyanar. Without expressing any opinion on the merits of the case, the court directed the first respondent to consider the petitioner's representation after affording an opportunity of hearing to the petitioner and other interested parties, if any, and by verifying the revenue records in respect of the subject properties claimed by the petitioner as owner. The first respondent was directed to pass appropriate orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of the order. The writ petition was disposed of with the above direction.

Headnote

A) Writ Law - Mandamus - Direction to Consider Representation - The court directed the first respondent to consider the petitioner's representation dated 24.06.2022 for issuance of ownership certificate, after affording hearing and verifying revenue records, within twelve weeks - Held that without expressing opinion on merits, the authority must pass appropriate orders in accordance with law (Paras 3-4).

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Issue of Consideration

Whether the Tahsildar should be directed to consider the petitioner's representation for issuance of ownership certificate (Urimai Chandru) for the purpose of availing electricity connection.

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Final Decision

The first respondent is directed to consider the petitioner's representation dated 24.06.2022, after affording hearing and verifying revenue records, and pass appropriate orders within twelve weeks. Writ petition disposed of.

Law Points

  • Writ of Mandamus
  • Consideration of representation
  • Natural justice
  • Revenue records verification
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Case Details

2025 LawText (MAD) (01) 493

W.P(MD)No.18041 of 2022

2025-01-20

G.K.Ilanthiraiyan

2025:MHC:197

Mr.K.Suresh, Mr.M.Senthil Ayyanar

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Nature of Litigation

Writ petition seeking mandamus for issuance of ownership certificate.

Remedy Sought

Direction to respondents to issue ownership certificate (Urimai Chandru) to the petitioner for her property to avail electricity connection.

Filing Reason

Respondents failed to act on petitioner's representation dated 24.06.2022 for issuance of ownership certificate.

Issues

Whether the respondents should be directed to consider the petitioner's representation for issuance of ownership certificate.

Submissions/Arguments

Petitioner's counsel argued for direction to consider representation. Government Advocate appeared for respondents.

Ratio Decidendi

Without expressing opinion on merits, a writ of mandamus can be issued directing the authority to consider a representation in accordance with law, after following principles of natural justice and verifying relevant records.

Judgment Excerpts

Without expressing any opinion on the merits of the Writ Petition, the first respondent is directed to consider the representation submitted by the Petitioner on 24.06.2022, after affording an opportunity of hearing to the petitioner and other interested parties if any and also by verifying the revenue records in respect of the subject properties which was claimed by the Petitioner as owner and pass appropriate orders, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

Procedural History

Petitioner filed W.P(MD)No.18041 of 2022 under Article 226 of Constitution of India seeking mandamus. Heard on 20.01.2025 and disposed of with direction.

Acts & Sections

  • Constitution of India: Article 226
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