Case Note & Summary
The petitioner, V. Jayaraj, filed a writ petition under Article 226 of the Constitution of India seeking a Writ of Mandamus to direct the respondents, namely the District Collector, Theni District, the Tahsildar, Uthamapalayam Taluk, and the Village Administrative Officer, T.Meenatchipuram Village, to consider and dispose of his representation dated 17.04.2023 and consequently to direct the second respondent to add/include his name in Patta No.1550 concerning Survey Nos. 167/3A and 203/5B at T.Meenatchipuram Village, Uthamapalayam Taluk, Theni District. The petitioner acquired the properties from his father-in-law. After the demise of his father-in-law, his brother-in-laws attempted to evict him from the lands, forcing him to apply for conferment of title by patta under Section 4(2) and 5(2) of the Tamil Nadu Agricultural Lands Record of Tenancy Act, 1967 and Rule 10 of the Tamil Nadu Agricultural Lands Record of Tenancy Rights Rules, 1969. The second respondent conducted an enquiry by issuing summons to the petitioner and his brother-in-laws. However, the representation remained pending. The court, after hearing the learned Additional Government Pleader who took notice for the respondents, disposed of the writ petition with a direction to the second respondent to consider the petitioner's representation 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 the order. The court also directed that the petitioner shall be given an opportunity of hearing before passing any adverse order.
Headnote
A) Constitutional Law - Writ of Mandamus - Consideration of Representation - The court directed the second respondent to consider the petitioner's representation for inclusion of his name in patta within a stipulated time, as the representation was pending for a long period without any action. (Paras 1-4)
Issue of Consideration
Whether the respondents should be directed to consider and dispose of the petitioner's representation dated 17.04.2023 for inclusion of his name in Patta No.1550.
Final Decision
The writ petition is disposed of with a direction to the second respondent to consider the petitioner's representation dated 17.04.2023 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. The petitioner shall be given an opportunity of hearing before passing any adverse order.
Law Points
- Writ of Mandamus
- Consideration of representation
- Patta inclusion
- Tamil Nadu Agricultural Lands Record of Tenancy Act
- 1967
- Sections 4(2) and 5(2)
- Rule 10 of Tamil Nadu Agricultural Lands Record of Tenancy Rights Rules
- 1969
