Madras High Court (Madurai Bench) Disposes of Writ Petition for FMB Rectification, Directs Revenue Divisional Officer to Pass Final Orders Within Four Weeks. Court Acts on Government Advocate's Assurance That the Petitioner's Pending Representation Had Been Enquired Into and Would Be Decided in Four Weeks, Without Examining Merits of the Claim.

High Court: Madras High Court Bench: Madurai
  • 1
Judgement Image
Font size:
Print

Case Note & Summary

The petitioner, S. Abinaya, filed a writ petition under Article 226 of the Constitution of India seeking a writ of mandamus directing the first respondent, the Revenue Divisional Officer, Thanjavur, to rectify mistakes in the FMB sketch pertaining to her land in S.No.46/1A2 and 46/1B2, situated in Sengipatty Village, Poothalur Taluk, Thanjavur District, based on her representation dated 01.07.2022. The petitioner's grievance was that the representation had been pending since July 2022 without any action. During the admission hearing, the learned Government Advocate appearing for the respondents submitted that the first respondent had already enquired into the representation and would pass final orders within a period of four weeks. The court, without examining the merits of the claim, recorded the submission and disposed of the writ petition. It directed the first respondent to pass final orders within four weeks from the date of receipt of a copy of the order, in accordance with law. No costs were awarded. The court did not frame any substantial question of law or lay down any legal principle, and the decision was purely procedural, based on the assurance given by the Government Advocate.

Headnote

A) Constitutional Law - Writ Jurisdiction - Article 226, Constitution of India - Disposal on Government Advocate's Statement - Petitioner filed writ of mandamus seeking rectification of FMB sketch; government advocate submitted that representation had been enquired and final orders would be passed within four weeks; Held, petition disposed recording said submission, directing first respondent to pass orders within four weeks from receipt of order copy; no order as to costs. (Paras 1-3)

Subscribe to unlock Headnote Subscribe Now

Issue of Consideration

No substantial question of law framed; petition disposed on recording submission of Government Advocate that the first respondent would pass final orders within four weeks.

Subscribe to unlock Issue of Consideration Subscribe Now

Final Decision

The Writ Petition is disposed of, recording the submission of the learned Government Advocate that the first respondent would pass final orders within a period of four weeks from the date of receipt of a copy of this order, in accordance with law. There shall be no order as to costs.

Law Points

  • Article 226 of the Constitution of India - Disposal of writ petition on recording submission of Government Advocate that pending representation would be decided within a specified time
Subscribe to unlock Law Points Subscribe Now

Case Details

2025 LawText (MAD) (03) 286

W.P.(MD)No.6660 of 2025

2025-03-12

P.B. Balaji

For Petitioner: Mr. K. Rajeshwaran; For Respondents: Mr. S. Kameswaran, Government Advocate

S. Abinaya

1. The Revenue Divisional Officer, Thanjavur; 2. The Tahsildar, Thanjavur; 3. The Taluk Surveyor, Thanjavur

Subscribe to unlock Case Details (Citation, Judge, Date & more) Subscribe Now

Nature of Litigation

Writ petition under Article 226 of the Constitution of India seeking a writ of mandamus

Remedy Sought

Petitioner sought a direction to the first respondent to rectify mistakes in the FMB sketch for land in S.No.46/1A2, 46/1B2, based on representation dated 01.07.2022

Filing Reason

Petitioner's representation dated 01.07.2022 remained pending without any action since July 2022

Issues

No substantial question of law framed; petition disposed on recording submission of Government Advocate

Submissions/Arguments

Petitioner sought mandamus for rectification of FMB sketch and disposal of pending representation. Government Advocate submitted that the first respondent had already enquired into the representation and would pass final orders within four weeks.

Judgment Excerpts

Considering the above, it would be sufficient to record the said submission of the learned Government Advocate and dispose of the Writ Petition, since the only grievance of the writ petitioner is that his application has been pending right from July 2022. Recording the submission of the learned Government Advocate that the first respondent would pass final orders within a period of four [4] weeks from the date of receipt of a copy of the order, this Writ Petition is disposed of, in accordance with law. There shall be no order as to costs.

Procedural History

The writ petition was filed; on 12.03.2025, the court took it up for admission, heard both sides, and disposed of it based on the Government Advocate's submission.

Acts & Sections

  • Constitution of India: Article 226
Subscribe to unlock full Legal Analysis Subscribe Now
Related Judgement
High Court Madras High Court (Madurai Bench) Disposes of Writ Petition for FMB Rectification, Directs Revenue Divisional Officer to Pass Final Orders Within Four Weeks. Court Acts on Government Advocate's Assurance That the Petitioner's Pending Representation H...
Related Judgement
Supreme Court Supreme Court Quashes Criminal Proceedings Against SAF Officers in Land Dispute Case — Complaint Found to be Abuse of Process After Contempt Petition Dismissal. Sanction Under Section 197 CrPC Required for Acts in Discharge of Official Duty.