Disposed

Jayalakshmi v. District collector

Madras HC3 Apr 2023WP/10186/2023

Case brief

AI extract

What is this about?

Petitioner filed a writ petition regarding delayed consideration of her representation for patta transfer. The Court directed her to file an online application under Form VI within 30 days. The Tahsildar is directed to consider the application in 12 weeks after notice. Petition disposed.

What did the court decide?

Liberty to make online application in Form VI within 30 days; Tahsildar to consider it in 12 weeks after notice.

Jayalakshmi Vs District collector — Property and Title | Madras HC (2023)

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W.P.No.10186 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 03.4.2023

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CORAM:

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THE HONOURABLE MR. JUSTICE M.S. RAMESH

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W.P.No.10186 of 2023

Jayalakshmi

...Petitioner

1.The District Collector, District Collector Office, Erode District.

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2.The Revenue Divisional Officer, Revenue Divisional Office, Erode District.

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3.The Tahsildar, Perundurai Tahsildar Office, Perundurai, Erode District.

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4.Kumaresan

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...Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 14.06.2022 seeking to cancel the patta issued in favour of the 4th Respondent within the time stipulated by this Court.

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For Petitioner : Mr.A.Swaminathan For Respondents 1 to 3 : Mr.R.P.Murugan Raja, GA

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https://www.mhc.tn.gov.in/judis

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W.P.No.10186 of 2023

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ORDER Heard the learned counsel for the petitioner and the learned Government Advocate accepting notice for the official respondents. Since this Court is directing the third respondent to consider the petitioner's representation after giving notice to all the parties concerned, notice to the private respondent is dispensed with.

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The grievance of the petitioner is that her representation seeking

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for transfer of Patta has not yet been considered in time and hence, she has preferred the above Writ Petition.

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The learned Government Advocate submitted that the relevant form, namely Form VI, has now been uploaded in the Registration Department's website and that the petitioner can apply through online.

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The Tamil Nadu Patta Pass Book Act prescribes the mode of making an application for carrying out modifications of entries in the patta pass book to be in Form VI, as specified under Section 10 of the Tamil Nadu Patta Pass Book Act, 1983 [hereinafter referred to as 'the

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https://www.mhc.tn.gov.in/judis

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W.P.No.10186 of 2023

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Act'], read with Rule 12 of the Tamil Nadu Patta Pass Book Rules, 1987

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[hereinafter referred to as 'the Rules'].

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This Court is of the view that if the petitioner is granted liberty

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to make an appropriate online application under the relevant form, within 30 days, with a consequential direction to the Tahsildar to consider the said application in accordance with the procedure contemplated under the relevant Act and Rules, the ends of justice could be secured.

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In the light of the above observations, the petitioner herein is granted liberty to make an application in Form VI through online, as specified under Section 10 of the Act, read with Rule 12 of the Rules, within a period of 30 days from the date of receipt of a copy of this order, if not already made. On receipt of such an application, the Tahsildar concerned shall consider it on its own merits and in accordance with the procedure contemplated under the Tamil Nadu Patta Pass Book Act, as well as the Tamil Nadu Patta Pass Book Rules and take a final decision, after giving notice to the petitioner, as well as all the other persons who may be interested in the title/possession of the subject property, within a

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https://www.mhc.tn.gov.in/judis

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W.P.No.10186 of 2023

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period of 12 weeks from the date of receipt of the online application (or) from the date of receipt of a copy of this order, if the online application has already been made and is pending.

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With the above directions, the Writ Petition stands disposed of.

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No costs.

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03.4.2023

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Index:Yes/No Neutral Citation:Yes/No Speaking order/Non-speaking order

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1.The District Collector, District Collector Office, Erode District.

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2.The Revenue Divisional Officer, Revenue Divisional Office, Erode District.

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3.The Tahsildar, Perundurai Tahsildar Office, Perundurai, Erode District. RS/SNI

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https://www.mhc.tn.gov.in/judis

W.P.No.10186 of 2023

M.S.RAMESH,J.

RS/SNI

W.P.No.10186 of 2023

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03.4.2023

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5/5 https://www.mhc.tn.gov.in/judis

Jayalakshmi v. District collector

Case brief

What is this about?

What did the court decide?

Jayalakshmi v. District collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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