Case Note & Summary
The petition was filed under Article 226 of the Constitution of India by the petitioner, Parameshwari, seeking a Writ of Mandamus to direct the revenue authorities to correct the Field Measurement Book (FMB) entries and issue a patta for the land bearing S.No.230/15B situated at Melathur Village, Alangudi Taluk, Pudukkottai District. The petitioner claimed that her private patta land had been erroneously recorded as a 'Community Well' in the FMB. She had submitted representations dated 13.02.2025 and 14.03.2025 to the first respondent, with copies to the second and third respondents, but no action had been taken. The court, after hearing the counsel for the petitioner and the Special Government Pleader for the respondents, noted that the relief sought was essentially for consideration of the representations. Without entering into the merits of the petitioner's claim regarding ownership or the correctness of the entries, the court deemed it appropriate to direct the competent authority to attend to the representations. Accordingly, the second respondent, the District Revenue Officer, was directed to consider the petitioner's representations on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of the order. The writ petition was disposed of with no order as to costs. This approach reflects the court's practice of granting a mandamus for consideration rather than deciding substantive rights in revenue matters at the writ stage, leaving factual determinations to the administrative authority. The judgment underscores the procedural remedy available under Article 226 to compel statutory authorities to perform their duties when representations remain pending.
Headnote
A) Constitutional Law - Writ of Mandamus - Article 226, Constitution of India - The petitioner's private patta land was reflected as a 'Community Well' in the FMB - Court directed the District Revenue Officer to consider representations dated 13.02.2025 and 14.03.2025 on merits within twelve weeks - Held, writ petition disposed of without costs (Paras 2-4).
Issue of Consideration
Whether the writ petition seeking a direction to correct FMB and issue patta should be allowed, and if so, what directions should be given.
Final Decision
The Writ Petition is disposed of, directing the second respondent / District Revenue Officer to consider the petitioner's representations dated 13.02.2025 and 14.03.2025 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 costs.
Law Points
- Writ of Mandamus under Article 226 of the Constitution of India
- Consideration of representation
- No costs
