Case Note & Summary
The petitioner, Vanniyaraja, filed a writ petition under Article 226 of the Constitution of India seeking a writ of mandamus directing the first respondent, the District Revenue Officer of Tirunelveli District, to dispose of his statutory revision preferred under Section 13 of the Tamil Nadu Patta Pass Book Act, 1983. The revision was filed on 23.09.2024, aggrieved by an order passed by the second respondent, the Sub-Collector cum Revenue Divisional Officer, Cheranmahadevi, dated 31.07.2024. The revision remained pending before the first respondent without any action, prompting the petitioner to approach the High Court. The court considered the limited prayer for expeditious disposal. The learned Special Government Pleader appearing for respondents 1 to 3 offered no objection, and the petitioner consented to final disposal of the writ petition. Considering the pendency of the revision since 23.09.2024, the court held that a direction to decide the revision was warranted. The court disposed of the writ petition with a direction to the first respondent to consider and pass orders on the petitioner's revision petition dated 23.09.2024, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of the order. No order as to costs was made. The judgment facilitates the timely adjudication of the statutory remedy without expressing any opinion on the merits of the revision.
Headnote
A) Writ Jurisdiction - Mandamus - Expediting Statutory Revision - Tamil Nadu Patta Pass Book Act, 1983, Section 13 - The petitioner filed a revision under Section 13 against the order of the second respondent and sought a writ of mandamus for its expeditious disposal. The court, noting that the revision had been pending since 23.09.2024, directed the first respondent to consider and pass orders on merits within twelve weeks. Held that a writ of mandamus can be issued for timely disposal of a pending statutory revision. (Paras 1-3).
Issue of Consideration
Whether a writ of mandamus can be issued directing the first respondent to dispose of the petitioner's revision petition under Section 13 of the Tamil Nadu Patta Pass Book Act, 1983.
Final Decision
The writ petition was disposed of with a direction to the first respondent to consider and pass orders on the petitioner's revision petition dated 23.09.2024, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. No costs.
Law Points
- Writ of mandamus issued for expeditious disposal of statutory revision under Section 13 of Tamil Nadu Patta Pass Book Act
- 1983
Case Details
2025 LawText (MAD) (03) 282
P.M.Vishnu Varthanan, M.Lingadurai
1. The State of TamilNadu, Rep. by the District Revenue Officer, Tirunelveli District, Tirunelveli; 2. The Sub-Collector cum Revenue Divisional Officer, Cheranmahadevi, Tirunelveli District; 3. The Tahsildar, Thisaiyanvilai Taluk, Tirunelveli District; 4. Duraipandi; 5. Kannan
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India seeking a writ of mandamus.
Remedy Sought
The petitioner sought a direction to the first respondent to dispose of his statutory revision under Section 13 of the Tamil Nadu Patta Pass Book Act, 1983, dated 23.09.2024.
Filing Reason
The petitioner was aggrieved by the order of the second respondent dated 31.07.2024 and had filed a revision which remained pending since 23.09.2024.
Previous Decisions
The second respondent had passed an order on 31.07.2024. The petitioner filed a revision on 23.09.2024, which had not been taken up for disposal.
Issues
Whether a writ of mandamus should be issued to direct the first respondent to dispose of the pending revision petition under Section 13 of the Tamil Nadu Patta Pass Book Act, 1983.
Submissions/Arguments
The petitioner argued for a limited relief of expeditious disposal of the revision.
The Special Government Pleader for respondents 1 to 3 consented to the disposal of the writ petition.
Ratio Decidendi
When a statutory revision is pending before the competent authority and the petitioner seeks expeditious disposal, a writ of mandamus may be issued directing the authority to decide the revision within a reasonable time frame, in the absence of any legal impediment.
Judgment Excerpts
Considering the limited prayer sought for by the writ petitioner, with the consent of the petitioner as well as learned Special Government Pleader, this Writ Petition is taken up for final disposal.
this Writ Petition is disposed of, with a direction to the first respondent to consider and pass orders on the petitioner's revision petition dated 23.09.2024, on merits and in accordance with law within a period of twelve [12] weeks from the date of receipt of a copy of this order.
Procedural History
The second respondent passed an order on 31.07.2024. The petitioner filed a statutory revision under Section 13 of the Tamil Nadu Patta Pass Book Act, 1983, on 23.09.2024, before the first respondent. The revision remained pending, leading to the filing of the present writ petition on a date not mentioned. The court passed the final order on 10.03.2025.
Acts & Sections
- Tamil Nadu Patta Pass Book Act, 1983: 13
- Constitution of India, 1950: 226
