Case Note & Summary
The petitioner filed a writ petition under Article 226 of the Constitution of India seeking a writ of mandamus to direct the fourth respondent, the Tahsildhar, to issue a separate patta in respect of property situated in survey Nos.124/3A and 124/4, M.S.N.Nagar, House Plot No. 32 Enathi Group, Thiruppuvanam Taluk, Sivagangai District. The petitioner claimed to have purchased the property on 15.03.2024 through a registered sale deed and had submitted a representation on 30.11.2024 requesting issuance of separate patta. The learned Government Advocate for the respondents contended that the petitioner was required to make an online application for issuance of the patta. The court noted that the petitioner had not made the online application as mandated. In light of this, the court disposed of the writ petition with directions. The petitioner was directed to make the necessary online application within two weeks from the date of receipt of a copy of the order. Upon satisfying the authorities that all necessary payments had already been made, the fourth respondent was to consider the application and pass appropriate orders within twelve weeks thereafter, in accordance with law. No order as to costs was made.
Headnote
A) Administrative Law - Writ of Mandamus - Requirement of Exhausting Administrative Remedies - Constitution of India, 1950, Article 226 - Petitioner purchased property and sought separate patta; application was not made online as required. Court directed petitioner to make online application within two weeks and directed fourth respondent to consider and dispose of the application within twelve weeks thereafter, subject to satisfaction of payments. Held: Online application is necessary before seeking mandamus; petition disposed of with directions (Paras 1-3).
Issue of Consideration
Whether the petitioner is entitled to a writ of mandamus for issuance of separate patta without having made an online application as required by the revenue department.
Final Decision
Writ petition disposed of with directions: petitioner shall make online application within two weeks; fourth respondent shall consider the request within twelve weeks thereafter, subject to proof of necessary payments. No order as to costs.
Law Points
- writ of mandamus for issuance of patta
- requirement of online application
- duty to consider representation in accordance with law
