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 respondents, revenue authorities of Virudhunagar District, to change the patta for survey No.172/7 in his name. The petitioner had previously obtained a decree in his favour on 12.03.2019 in O.S.No.88/2011 from the Sub Court, Aruppukottai, regarding the same property. Following the decree, he submitted an application dated 14.12.2020 to the third respondent, the Tahsildar, Thiruchuzhi Taluk, for necessary changes in the patta. However, no orders were passed on his application, prompting him to approach the High Court. The respondents, through the Additional Government Pleader, submitted that the third respondent would pass the requisite orders. Considering that the petitioner had already succeeded before the civil court and was merely seeking consequential changes in the revenue records based on the decree, the court found it appropriate to issue a direction rather than to grant a final mandamus changing the patta outright. The court observed that the petitioner’s application deserved consideration on its merits. Accordingly, the writ petition was disposed of with a direction to the third respondent to pass orders on the petitioner’s application dated 14.12.2020, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of the order. No costs were awarded.
Headnote
A) Revenue Law - Patta Change - Direction to Consider Application - Constitution of India, 1950, Article 226 - The petitioner, having obtained a decree in O.S.No.88/2011 dated 12.03.2019, sought change of patta in his name for survey No.172/7. The court directed the third respondent, the Tahsildar, to pass orders on the petitioner's application dated 14.12.2020 on merits and in accordance with law within six weeks. Held that since the petitioner succeeded in the civil suit, the application warranted consideration (Paras 2-4).
Issue of Consideration
Whether the petitioner is entitled to a direction for consideration of his application for patta change based on a civil decree
Final Decision
The writ petition was disposed of with a direction to the third respondent to pass orders on the petitioner's application dated 14.12.2020 on merits and in accordance with law within six weeks from the date of receipt of a copy of the order. No order as to costs.
Law Points
- Legal points not extracted
- Article 226 Constitution of India
- writ of mandamus
- consideration of application for patta change based on decree
- duty of revenue authority to act
