Madras High Court Allows Writ Petition in Land Assignment Case — Mandamus Issued to Include Omitted Survey Number in Patta. Landless Agricultural Families Scheme, 2006 Assignment Order Required Inclusion of Both Survey Numbers, but Computerized Chitta Omitted One; Court Directed Rectification Within Eight Weeks.

High Court: Madras High Court In Favour of Prosecution
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Case Note & Summary

The petitioner, A.Rajamani Adaikkan, was assigned lands under the Landless Agricultural Families Scheme, 2006, in S.No.91/6 (0.11.0 acres) and S.No.92/1 (0.38.0 acres) in Alavayal Village, Ponnamaravathi Taluk, Pudukkottai District, vide assignment order No.Rc.4655/07 dated 14.6.2007. When the petitioner applied for a computerized chitta, the authorities issued it only for S.No.92/1, omitting S.No.91/6. The petitioner sent representations on 28.11.2024, 06.12.2024, and a legal notice on 14.12.2024, but no action was taken. Consequently, the petitioner filed a Writ Petition under Article 226 of the Constitution of India seeking a Writ of Mandamus to direct the respondents to include the property in S.No.91/6 in Patta No.1587. The court observed that the assignment order clearly included both survey numbers, and the omission was a mistake. The court directed the respondents to consider the petitioner's representation dated 28.11.2024 and pass appropriate orders within eight weeks, including the omitted land in the patta.

Headnote

A) Constitutional Law - Writ of Mandamus - Land Assignment - Patta Inclusion - Article 226 of the Constitution of India - Petitioner assigned land under Landless Agricultural Families Scheme, 2006, but patta omitted one survey number - Court directed respondents to consider petitioner's representation and include the omitted land in patta within eight weeks - Held that the respondents are bound to rectify the mistake and include the assigned land in the patta (Paras 1-5).

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Issue of Consideration

Whether the respondents are obligated to include the property in S.No.91/6 in Patta No.1587 as per the assignment order dated 14.6.2007.

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Final Decision

The court directed the respondents to consider the petitioner's representation dated 28.11.2024 and pass appropriate orders within eight weeks, including the property in S.No.91/6 in Patta No.1587.

Law Points

  • Writ of Mandamus
  • Land assignment
  • Patta inclusion
  • Landless Agricultural Families Scheme
  • 2006
  • Article 226 of the Constitution of India
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Case Details

2025:MHC:116

W.P(MD)NO.192 OF 2025

2025-01-07

N.MALA

2025:MHC:116

Mr.D.Senthil, Mr.R.Raghavendran

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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 to include property in S.No.91/6 in Patta No.1587 as per assignment order dated 14.6.2007.

Filing Reason

Omission of assigned land in computerized chitta despite representations.

Issues

Whether the respondents are obligated to include the property in S.No.91/6 in Patta No.1587 as per the assignment order dated 14.6.2007.

Submissions/Arguments

Petitioner submitted that he was assigned lands in S.No.91/6 and S.No.92/1, but patta was issued only for S.No.92/1. Respondents' counsel took notice and consented to disposal.

Ratio Decidendi

The respondents are bound to rectify the mistake in the patta and include the assigned land as per the assignment order.

Judgment Excerpts

It is seen from the assignment order, dated 14.6.2007 that the Petitioner was assigned with lands in S.No.91/6, to an extent of 0.11.0 ares and S.No.92/1 to an extent of 0.38.0 ares. The petitioner sent several representations to the respondents, but the same did not yield any result.

Procedural History

The petitioner filed a Writ Petition under Article 226 of the Constitution of India on 07.01.2025, which was taken up for final disposal at the admission stage with consent of both parties.

Acts & Sections

  • Constitution of India: Article 226
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