Remanded

C.Vedi v. TheTahsildar

Madras HC7 Sept 2021WP/18740/2021

Case brief

AI extract

What is this about?

In this writ petition under Article 226 of the Constitution, the petitioner sought a mandamus to direct respondents to demarcate ancestral land and issue a separate patta following a family partition. The Court directed the authorities to consider the petitioner's applications and pass appropriate orders within four months.

What did the court decide?

The respondents were directed to consider the petitioner's applications and pass appropriate orders under Section 10 of the Tamil Nadu Patta Pass Book Act within four months.

C.Vedi Vs TheTahsildar — Property and Title | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 07.09.2021

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CORAM

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THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN

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W.P.NO.18740 OF 2021

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C.Vedi ... Petitioner

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.Vs.

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1. The Tahsildar, Uthangarai Taluk, Krishnagiri District. 2. The Taluk Surveyor, Uthangarai Taluk, Krishnagiri District. ... Respondents

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PRAYER:-

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Writ Petition filed under Article 226 of Constitution of India, to issue a writ of Mandamus to direct the respondents to carry on the filed inspection and to demarcate the petitioner's property in Survey No.98/1, to the extent of 1.35 acres of land situates at K.Papparapatty village, Uthangarai Taluk, Krishnagiri District and to consequently direct the respondents to allot appropriate sub-division, separately earmarking the Petitioner's property and issue separate patta.

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For Petitioner : Mr.J.Pradeep For Respondents : Mr.Yogesh Kannadasan Government Advocate

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ORDER

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This writ petition has been filed for a mandamus to direct the respondents to carry on the filed inspection and to demarcate the petitioner's property in Survey No.98/1, to the extent of 1.35 acres of land situates at K.Papparapatty village, Uthangarai Taluk, Krishnagiri District and to consequently direct the respondents to allot appropriate sub-division, separately earmarking the Petitioner's property and issue separate patta.

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https://hcservices.ecourts.gov.in/hcservices/

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2. The case of the petitioner is that the land situated at Survey No.98/1 is ancestral property of the petitioner's family and they partitioned the property themselves and registered before the Sub Registrar, Uthangarai on 17.11.2000, the total extent of land in Survey No.98/1 is 4.01 punjai hectares.

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3. The petitioner submits that the partition was in the year 2000 but still patta stands in the name of his family members and no separate patta was given them.

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4. According to the petitioner, he approached the respondents several times to sub divide the land and issuance of separate patta to him, but no action has been taken.

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5. The petitioner submits that he made an application vide Can No.133310811734703 and Application No.2021/0105/31/261401 dated 09.03.2021 for Sub Division of land and transfer of patta.

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6. The petitioner further submits that he sent a representation on 02.07.2021 to the respondents, but no action has been taken till date.

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7. According to the petitioner, as per Section 10 of the Tamil Nadu Patta Pass Book Act, the first respondent is duty bound to make modification and corrections in the Patta Pass Book on the application made by the concerned parties.

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8. The petitioner has no other alternative remedy except to approach this Court under Article 226 of the Constitution of India. Hence, the writ petition filed.

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9. The learned Government Advocate for the respondents submits that the petitioner applied on-line only on 09.03.2021 and the representation sent by the petitioner on 02.07.2021, based on seniority application will be considered and appropriate orders will be passed by the Authorities.

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10. Heard, learned counsel for the petitioner and the learned Government Advocate for the respondents and perused the materials available on record.

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11. In view of the above and considering the submission made by the petitioner, this Court is of the view that the respondents shall consider the on-line application dated 09.03.2021 as well as the representation sent by the petitioner dated 02.07.2021 and pass appropriate orders as per Section 10 of the Tamil Nadu Patta Pass Book Act, after affording an opportunity to the petitioner, within a period of four months from the date of receipt of a copy of this order. No costs.

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https://hcservices.ecourts.gov.in/hcservices/

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12. With the above direction, this Writ Petition is disposed of. No costs.

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Sd/-

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Assistant Registrar(CS VI)

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//True Copy//

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Sub Assistant Registrar

pam

1. The Tahsildar,

Uthangarai Taluk,

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Krishnagiri District.

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2. The Taluk Surveyor,

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Uthangarai Taluk,

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Krishnagiri District.

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+1cc to Mr.J.Pradeep , Advocate, S.R.No.45751 +1cc to the Government Pleader, S.R.No.45895

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W.P.NO.18740 OF 2021

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AD(CO) PBS/09/11/2021

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https://hcservices.ecourts.gov.in/hcservices/

C.Vedi v. TheTahsildar

Case brief

What is this about?

What did the court decide?

C.Vedi v. TheTahsildar

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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