Disposed

Thenmozhi v. The District Collector

Madras HC6 Apr 2023WP/10643/2023

Case brief

AI extract

What is this about?

A Writ Petition filed for issuance of a Mandamus directing the Taluk Revenue Officer to issue patta due to delay. The Court allowed liberty to apply online under the relevant Act and Rules, directing the Officer to dispose within 12 weeks after notice.

What did the court decide?

Liberty granted to petitioner to apply for patta online within 30 days; Tahsildar directed to consider application and decide within 12 weeks.

Thenmozhi Vs The District Collector — Landlord and Tenant | Madras HC (2023)

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W.P.No.10643 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 06.4.2023

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CORAM:

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THE HONOURABLE MR. JUSTICE M.S. RAMESH

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W.P.No.10643 of 2023

Thenmozhi

...Petitioner

1.The District Collector, Villupuram, Villupuram District.

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2.The District Revenue Officer, Villupuram, Villupuram District.

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3.The Thasildar, Gingee Taluk, Villupuram District.

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4.The Taluk Surveyor, Gingee Taluk, Villupuram District.

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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 3rd respondent to issue patta to the petitioner's land in survey No.19/14 situated at Chittampoondi Village, Gingee Taluk, Villupuram District based on the report of the 4th respondent dated 05.8.2015 by considering the petitioner's representations dated 20.02.2023 and 21.02.2023.

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

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W.P.No.10643 of 2023

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For Petitioner : Mr.E.Sathiyaraj 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

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for final disposal at the admission stage itself.

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The grievance of the petitioner is that her representation seeking for issuance of a Patta has not been considered by the Tahsildar in time and hence, she has preferred the present Writ Petition.

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The learned Special Government Pleader submitted that the 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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The Tamil Nadu Patta Pass Book Act prescribes the mode of 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

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

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W.P.No.10643 of 2023

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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 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 3/5

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

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W.P.No.10643 of 2023

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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.

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06.4.2023

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

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1.The District Collector, Villupuram, Villupuram District.

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2.The District Revenue Officer, Villupuram, Villupuram District.

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3.The Thasildar, Gingee Taluk, Villupuram District.

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4.The Taluk Surveyor, Gingee Taluk, Villupuram District.

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RS/SNI

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4/5

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

W.P.No.10643 of 2023

M.S.RAMESH,J.

RS/SNI

W.P.No.10643 of 2023

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06.4.2023 5/6

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

Thenmozhi v. The District Collector

Case brief

What is this about?

What did the court decide?

Thenmozhi v. The District Collector

Case brief

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