Case Note & Summary
The petitioner filed a writ petition under Article 226 of the Constitution seeking a writ of mandamus directing the revenue authorities to correct the survey number from 71/3B to 71/3C in patta number 622 and to discharge the guardian's name from the patta concerning his property in Vellor village, Viralimalai Taluk. He had made several representations to the respondents on 14.12.2022, 19.06.2024, and 17.02.2025, but no action was taken. The government pleader informed the court that the fourth respondent (Tahsildar) had already forwarded a report to the second respondent (District Revenue Officer) and since the mistake related to correction in the UDR, the second respondent would have to pass final orders. The court, without going into the merits, disposed of the petition with a direction to the second respondent to pass final orders on the petitioner's representation after affording an opportunity of hearing to the petitioner and any other interested parties, within twelve weeks from the date of receipt of a copy of the representation. No costs were ordered.
Headnote
A) Constitutional Law - Writ Jurisdiction - Mandamus - Constitution of India, 1950, Article 226 - The petitioner sought a writ of mandamus to correct the survey number and remove the guardian's name from the patta. The government pleader submitted that the fourth respondent had forwarded a report to the second respondent and the mistake pertained to UDR correction, requiring final orders by the second respondent. Held: The writ petition is disposed of with a direction to the second respondent to pass final orders on the petitioner's representation after affording an opportunity of hearing to the petitioner and any other interested parties, within twelve weeks from the date of receipt of a copy of the representation (Paras 2-4).
Issue of Consideration
Whether the writ petition for mandamus should be allowed for directing the respondents to dispose of the petitioner's representations for correction of survey number and discharge of guardian's name in the revenue records.
Final Decision
The writ petition is disposed of with a direction to the second respondent (District Revenue Officer) to pass final orders on the petitioner's representation, after affording opportunity to the petitioner and any other interested parties, within twelve weeks from the date of receipt of a copy of the petitioner's representation. No order as to costs.
Law Points
- Article 226 of Constitution of India
- writ of mandamus
- direction for disposal of representation
Case Details
2025 LawText (MAD) (03) 311
Mr. A. Balakrishnan for petitioner; Mr. M. Lingadurani, Special Government Pleader for respondents
The District Collector, Pudukkottai District; The District Revenue Officer, Pudukkottai District; The Revenue Divisional Officer, Iluppur, Pudukkottai District; The Thasildhar, Viralimalai Taluk, Pudukkottai District
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Nature of Litigation
Writ petition under Article 226 seeking mandamus for correction of revenue records.
Remedy Sought
Petitioner sought a writ of mandamus directing respondents to correct the survey number as 71/3C instead of 71/3B in Patta number 622 and to discharge the guardian's name from the patta, by considering his representations.
Filing Reason
Petitioner's representations for correction of survey number and removal of guardian's name were not acted upon by the respondents.
Issues
Whether a writ of mandamus should be issued directing the respondents to dispose of the petitioner's representations for correction of survey number and discharge of guardian's name in the revenue records.
Submissions/Arguments
Petitioner argued that his representations remain unaddressed, requiring a direction for their disposal.
Special Government Pleader for respondents submitted that the fourth respondent had already forwarded a report to the second respondent and since the mistake pertained to UDR correction, the second respondent would have to pass final orders.
Ratio Decidendi
A writ of mandamus lies to direct a public authority to consider a representation for correction of revenue records when the authority has failed to act on such representations.
Judgment Excerpts
The petitioner seeks limited relief of disposal of his various representations dated 14.12.2022, 19.06.2024 and 17.02.2025.
the fourth respondent has already forwarded a report to the second respondent and since the mistake pertains to correction in the UDR, the second respondent will have to pass final orders.
the Writ Petition is disposed of, with a direction to the second respondent to pass final orders on the petitioner's representation, after affording opportunity to the petitioner and any other interested parties.
Procedural History
Petitioner made representations on 14.12.2022, 19.06.2024 and 17.02.2025. No action was taken. Petitioner filed Writ Petition W.P.(MD)No.7484 of 2025 before the Madurai Bench of Madras High Court. The Court heard the petition and passed final order on 19.03.2025.
Acts & Sections
- Constitution of India, 1950: Article 226
