Allowed

G.Krishnamurthy Iyar (Senior Citizen) v. The Commissioner

Madras HC3 Apr 2023WP/10350/2023

Case brief

AI extract

What is this about?

Upon consent of parties, the petitioner was granted liberty to apply online in Form II for a Patta under the Tamil Nadu Patta Pass Book Act within 30 days. The Tahsildar was directed to consider the application and decide within 12 weeks, disposing of the writ petition.

What did the court decide?

Petitioner granted liberty to make online application in Form II within 30 days; Tahsildar directed to decide within 12 weeks.

G.Krishnamurthy Iyar (Senior Citizen) Vs The Commissioner — Land Acquisition | Madras HC (2023)

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W.P.No.10350 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.10350 of 2023

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G.Krishamurthy Iyar ...Petitioner

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1.The Commissioner, Land Records, Ezhilagam, Chepauk, Chennai-5.

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2.The District Collector, Coimbatore District.

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3.The District Revenue Officer, O/o District Revenue Officer, District Collector Office Complex, Coimbatore-18.

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4.The Revenue Divisional Officer (North), Coimbatore North, Koundampalayam, Coimbatore District.

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5.The Tasildar, Taluk Office (North), Dr.Balasundaram Road, Coimbatore-18.

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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 respondents 4 and 5 to grant patta for the properties situated at Coimbatore District

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

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W.P.No.10350 of 2023

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Nayakkanpalayam Village comprised in S.Nos.136/2 and 231/1 measuring an extent of 9 acres 70 cents and dispose the petitioner's representation dated 28.08.2022 based on the Letter No.R1/4156073/2023 dated 22.02.2023.

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For Petitioner : Mr.G.Saravanabhavan For Respondents : Mr.Yogesh Kannadasan, Special Government Pleader

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ORDER

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With the consent of both the parties, this Writ Petition is taken up for final disposal at the admission stage itself.

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The grievance of the petitioner is that his representation seeking

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for issuance of a Patta has not yet been considered by the Tahsildar in time and hence, he has preferred the above Writ Petition.

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The learned Additional Government Pleader submitted that the

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relevant form, namely Form II, has now been uploaded in the Registration Department's website and that the petitioner can apply through online.

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2/5 https://www.mhc.tn.gov.in/judis

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W.P.No.10350 of 2023

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The Tamil Nadu Patta Pass Book Act prescribes the mode of

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making an application for issuance of Patta to be in Form II, as specified under Section 3(4) of the Patta Pass Book Act, 1983 [hereinafter referred to as 'the Act'], read with Rule 3(2) of the Tamil Nadu Patta Pass Book Rules, 1987 [hereinafter referred to as 'the Rules'], within a period of 30 days from the date specified in the notice under Section 3(3) of the Act.

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This Court is of the view that if the petitioner is granted liberty 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 II through online, as specified under Section 3(4) of the Act, read with Rule 3(2) 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

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

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W.P.No.10350 of 2023

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procedure contemplated under the Tamil Nadu Patta Pass Book Act, as

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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 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.

No costs.

03.4.2023

Index:Yes/No

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

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1.The Commissioner, Land Records, Ezhilagam, Chepauk, Chennai-5.

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2.The District Collector, Coimbatore District.

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3.The District Revenue Officer, O/o District Revenue Officer, District Collector Office Complex, Coimbatore-18.

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4.The Revenue Divisional Officer (North), Coimbatore North, Koundampalayam, Coimbatore District.

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5.The Tasildar, Taluk Office (North),

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Dr.Balasundaram Road, Coimbatore-18.

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RS/SNI

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

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W.P.No.10350 of 2023

M.S.RAMESH,J.

RS/SNI

W.P.No.10350 of 2023

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03.4.2023

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

G.Krishnamurthy Iyar (Senior Citizen) v. The Commissioner

Case brief

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G.Krishnamurthy Iyar (Senior Citizen) v. The Commissioner

Case brief

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