Lurthu Mary Carolin, v. District Collector
Case brief
What is this about?
A writ petition under Article 226 sought a mandamus directing authorities to dispose of a representation for patta issuance. The Court held that since the Tahsildar rejected the representation with reasons, a writ was inappropriate and directed the petitioner to file an appeal instead. The petition was closed with liberty to challenge the specific order.
What did the court decide?
Writ petition closed. Liberty granted to challenge the order of the Tahsildar dated 29.12.2020 via an appeal.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.02.2021
CORAM
THE HONOURABLE Mr. JUSTICE S.S.SUNDAR
W.P. No. 28236 of 2017
Lurthu Mary Carolin rep.by its power Attorney L.Mickel Raj ... Petitioner -vs1.District Collector, Kancheepuram District, Kancheepuram. 2.The District Revenue Officer, Kancheepuram District, Kancheepuram. 3.The Tahsildar, Chengalpattu Taluk, Kancheepuram District. ... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 1st to 3rd respondents to consider and dispose of the petitioners representation dated 17.09.2009 to issue patta in respect of land in S.No.96/6, Alappakkam Village, Chengalpattu Taluk, Kancheepuram District.
For Petitioner : Mr.K.V.Ramesh
For Respondents: Ms.A.Madhumathi
Special Government Pleader.
The writ petition is filed for a Writ of Mandamus, directing the first and third respondents to consider and dispose of the petitioners representation dated 17.09.2009, which is for issuance of patta in respect of land in S.No.96/6, Alappakkam Village, Chengalpattu Taluk, Kancheepuram District.
Issues for consideration
3 issues framed by the court
Whether a writ of mandamus should be issued directing respondents to dispose of the petitioner's representation regarding patta issuance.
Whether the petitioner should be permitted to file an appeal against the order rejecting the representation.
How to proceed when an administrative authority rejects a representation assigning reasons.
Parties & counsel
- petitioner
Lurthu Mary Carolin
- respondent
District Collector, Kancheepuram District
- respondent
District Revenue Officer, Kancheepuram District
- respondent
Tahsildar, Chengalpattu Taluk
Coram
Case details
As recorded by the court registry
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