Case Note & Summary
The petitioner filed a writ petition under Article 226 of the Constitution of India seeking a mandamus directing the Revenue Divisional Officer, Madurai South Division to cancel pattas in Patta Nos. 1378, 1648 and 1292 and to mutate his name as joint pattadar in respect of properties in Survey Nos. 106/1, 99/1A and 102/6 in Samantham village, Madurai South Taluk, Madurai District. The petitioner had made an application on 06.06.2024 and sent a reminder on 19.02.2025, but no orders were passed. The court, considering the limited scope of the relief, disposed of the writ petition with a direction to the respondent to conduct an enquiry, afford opportunity to all interested persons, and pass final orders on merits and in accordance with law within twelve weeks from the date of receipt of a copy of the order. No costs were awarded. The judgment was delivered on 19.03.2025 by Justice P.B. Balaji.
Headnote
A) Administrative Law - Writ of Mandamus - Direction to Revenue Authority - Constitution of India, Article 226 - The petitioner sought cancellation of certain pattas and mutation of his name as joint pattadar, having filed application on 06.06.2024 and reminder on 19.02.2025. The court directed the Revenue Divisional Officer to conduct enquiry and pass final orders on merits and in accordance with law, after affording opportunity to all persons interested and conclude proceedings within 12 weeks. Held that a writ of mandamus can be issued for disposal of pending application within a time frame (Paras 1-2).
Issue of Consideration
Whether a writ of mandamus can be issued to direct the Revenue Divisional Officer to consider and dispose of the petitioner's application for cancellation of patta and mutation of revenue records within a reasonable time, after affording opportunity to all interested persons?
Final Decision
Writ petition disposed of with direction to respondent to conduct enquiry, afford opportunity to all interested persons, and pass final orders on merits and in accordance with law within 12 weeks. No costs.
Law Points
- Mandamus for disposal of pending application
- requirement of opportunity of hearing to all interested persons before passing orders on revenue records
- disposal within stipulated time
