Disposed

P.Balakrishnan v. The District Collector

Madras HC6 Apr 2023WP/10701/2023

Case brief

AI extract

What is this about?

The High Court of Madras granted liberty to the petitioner to apply for a patta online under new rules. The court directed the Tahsildar to process the application on its merits within 12 weeks after receiving the online application or the order copy.

What did the court decide?

Petitioner granted liberty to make online application for patta within 30 days; Tahsildar directed to decide within 12 weeks.

P.Balakrishnan Vs The District Collector — Service and Employment | Madras HC (2023)

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W.P.No.10701 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.10701 of 2023

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P.Balakrishnan ...Petitioner Vs 1.The District Collector, Vellore. 2.The Thasildar, Anaikattu Taluk, Anaikattu, Vellore District. ...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 representation given by the petitioner on 02.08.2022 in the proper perspective according to law and direct the respondents to issue the petitioner the joint patta in respect of the land standing in the name of petitioner's father Venu Gounder at the earliest.

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For Petitioner : Mr.C.Rajan For Respondents : Mr.R.P.Murugan Raja, Government Advocate

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1/4 https://www.mhc.tn.gov.in/judis

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W.P.No.10701 of 2023

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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 present Writ Petition.

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The learned Government Advocate 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 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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2/4 https://www.mhc.tn.gov.in/judis

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W.P.No.10701 of 2023

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

W.P.No.10701 of 2023

M.S.RAMESH,J.

RS/SNI

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

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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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To 1.The District Collector, Vellore.

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2.The Thasildar, Anaikattu Taluk, Anaikattu, Vellore District.

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W.P.No.10701 of 2023

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4/4 https://www.mhc.tn.gov.in/judis

P.Balakrishnan v. The District Collector

Case brief

What is this about?

What did the court decide?

P.Balakrishnan v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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