Disposed

S.K.Balasundaram v. The Tahsildar

Madras HC6 Apr 2023WP/3226/2023

Case brief

AI extract

What is this about?

In a writ petition under Article 226, the petitioner sought a mandamus directing the Respondent Tahsildar to issue a subdivision patta transfer order. The Court held that since the online form was now available, the petitioner shall be granted liberty to apply under Form VI online within 30 days. The Respondent is directed to consider the application within 12 weeks. The Writ Petition was disposed

What did the court decide?

Petitioner granted liberty to make an online application in Form VI within 30 days; Respondent directed to consider it and decide within 12 weeks.

S.K.Balasundaram Vs The Tahsildar — Pension and Retirement Benefits | Madras HC (2023)

¶1

W.P.No.3226 of 2023

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED: 06.04.2023

¶4

CORAM:

¶5

THE HONOURABLE MR. JUSTICE M.S. RAMESH

¶6

W.P.No.3226 of 2023

S.K.Balasundaram

...Petitioner

The Tahsildar, Tahsildar Office, Kumarapalayam Taluk, Namakkal District. ...Respondent

¶11

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondent to issue subdivision patta transfer order to the petitioner as per his online application dated 13.05.2022 within a stipulated time to be fixed by this Court.

¶12

For Petitioner : Mr.B.Kumarasamy

¶13

For Respondent : Mr.R.P.Muruganraja, Government Advocate

¶14

ORDER

¶15

Heard Mr.B.Kumarasamy, learned counsel for the petitioner and

¶16

Mr.R.P.Muruganraja, learned Government Advocate for the respondent.

¶17

1/4

¶18

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

¶19

W.P.No.3226 of 2023

¶20

2.The grievance of the petitioner is that since his representation

¶21

dated 14.12.2022, requesting the respondent to issue sub-division patta transfer order, has not been considered in time, he has preferred the present Writ Petition.

¶22

3.The learned Government Advocate for the respondent 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, for rectification of entries.

¶23

4.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 Act'], read with Rule 12 of the Tamil Nadu Patta Pass Book Rules, 1987 [hereinafter referred to as 'the Rules'].

¶24

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

¶25

to make an appropriate online application under the relevant form, within

¶26

2/4

¶27

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

¶28

W.P.No.3226 of 2023

¶29

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.

¶30

6.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 respondent herein 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.

¶31

3/4 https://www.mhc.tn.gov.in/judis

W.P.No.3226 of 2023

M.S.RAMESH,J.

vga

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

¶36

No costs.

¶37

06.04.2023

¶38

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

¶39

To The Tahsildar, Tahsildar Office, Kumarapalayam Taluk, Namakkal District.

¶40

W.P.No.3226 of 2023

¶41

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

S.K.Balasundaram v. The Tahsildar

Case brief

What is this about?

What did the court decide?

S.K.Balasundaram v. The Tahsildar

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

Similar cases

M.Selvaraj Vs The Sub Registrar

S.P.Kamaraj Vs The District Collector

V.Karuppasamy Vs The Revenue Divisional officer

Tamilselvi Vs The commissioner

P.Balakrishnan Vs The District Collector

Rani Vs The District Collector