Disposed

M.Sekar v. The District Collector

Madras HC11 Apr 2023WP/10975/2023

Case brief

AI extract

What is this about?

This court disposed of a writ petition seeking issuance of patta for agricultural land. It granted the petitioner liberty to file an online application under Form II of the Patta Pass Book Act, 1983, directing the Tahsildar to consider it within 12 weeks.

What did the court decide?

Liberty granted to petitioner to make an online application in Form II within 30 days; Tahsildar directed to consider the application within 12 weeks.

M.Sekar Vs The District Collector — Property and Title | Madras HC (2023)

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W.P.No.10975 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 11.4.2023

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CORAM :

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THE HONOURABLE MR. JUSTICE M.S. RAMESH

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W.P.No.10975 of 2023

M.Sekar

...Petitioner

1.The District Collector, Ariyalur Collector Office, Ariyalur, Ariyalur District. 621704.

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2.The Revenue Divisional Officer, Ariyalur Revenue Office, Ariyalur District-621704.

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3.The Thasildar, Ariyalur Taluk Office, Ariyalur District-621704.

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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 in particular third respondent to grant enjoyment joint patta of petitioner occupied agricultural land situated at comprised survey Nos.333 and 335/2 to an extent of 6 acres punja land situated at Thelur Village, Ariyalur Taluk and District.

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1/5 https://www.mhc.tn.gov.in/judis

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For Petitioner : Mr.M.Saravanakumar For Respondents : Mr.R.P.Murugan Raja, Government Advocate ORDER

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W.P.No.10975 of 2023

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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 writ petition has been filed seeking a direction to the third respondent to grant patta to the agricultural punja land occupied by the petitioner in S.Nos.333 and 335/2 situated at Thelur Village, Ariyalur Taluk and District measuring 6 acres. In this regard, the petitioner had given a representation dated 01.3.2023 to the respondents.

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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

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

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W.P.No.10975 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

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

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W.P.No.10975 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.

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No costs.

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11.4.2023

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

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1.The District Collector, Ariyalur Collector Office, Ariyalur, Ariyalur District. 621704.

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2.The Revenue Divisional Officer, Ariyalur Revenue Office, Ariyalur District-621704.

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3.The Thasildar, Ariyalur Taluk Office, Ariyalur District-621704.

RS/SNI

M.S.RAMESH,J.

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

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W.P.No.10975 of 2023

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RS/SNI

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W.P.No.10975 of 2023

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11.4.2023

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M.Sekar v. The District Collector

Case brief

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M.Sekar v. The District Collector

Case brief

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