A.Solaiyammal v. The Tahsildhar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.04.2025

CORAM

THE HONOURABLE MR.JUSTICE P.B.BALAJI A.Solaiyammal ... Petitioner Vs.

The Tahsildar, Karaikudi Taluk, Karaikudi, Sivagangai District.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent to consider the representation, dated 22.01.2025 given by the writ petitioner for mutation of revenue records in respect of lands in S.No.72/2A measuring 3 Acres and 79 cents situated at Iluppakudi Oothangkollai (Ponnkar), Karaikudi Taluk, Sivagangai District in light of Judgment, dated 27.08.2019 passed by the Subordinate Judge, Devakottai in O.S.No.7 of 2017, within the time limit fixed by this Court.

For Petitioner : Mr.A.L.Kannan For Respondent : Mr.C.Sathish Government Advocate 1/4

O R D E R

Heard the learned counsel for the petitioner and the learned Government Advocate for the respondent.

2. The petitioner has made an application for removing the name of one Dhanushkodi in Patta No.2376 and include the name of the petitioner pursuant to the judgment and decree in O.S.No.7 of 2017, dated 27.08.2019. The petitioner has also made a representation on 22.01.2025 in this regard. The petitioner only seeks expeditious consideration of the said representation, dated 22.01.2025.

3. The learned Government Advocate would submit that since the petitioner's request for change of name in the patta, which is already mutated in the name of one Dhanushkodi, the competent authority would be the Revenue Divisional Officer and not the Tahsildar.

4. However, I find that Section 10 of the Patta Passbook Act provides for the Tashildar to carry out modification of entries in the Patta Passbook Act in the event of any subsequent change in circumstances. The judgement and decree 2/4

in Civil Court would clearly fall within the ambit of subsequent change in circumstances and therefore, the Tashildar would certainly be competent to address the grievance of the petitioner. In the light of the above, this writ petition is allowed and the respondent is directed to pass orders on the petitioner's representation, dated 22.01.2025, on its own merits and in accordance with law within a period of twelve (12) weeks from the date of receipt of copy of this order.

5. With the above directions, this writ petition stands allowed. No costs. 17.04.2025 NCC:yes/no Index:yes/no Internet:yes/no gbg To:

The Tahsildar, Karaikudi Taluk, Karaikudi, Sivagangai District.

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P.B.BALAJI , J.

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