Kalaivanan v. The Zonal Deputy Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.01.2020

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.No.1220 of 2020 Mr.Kalaivanan .. Petitioner -vs1.The Zonal Deputy Tahsildar, 2.The District Collector, Pudukkottai District, .. Respondents Petition under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the first respondent to consider the petitioner's representation dated 13.11.2019 and to direct the first respondent to issue a patta for his property bearing application no.2019/0103/22/101119, Pachikottai Village, Alangudi Taluk, Pudukkottai District, measuring an extent of 39240 sq.ft., within a reasonable time. For Petitioner :

M/s.Sashikala Raman For Respondents :

Mr.G.K.Muthukumar, Special Government Pleader

ORDER

Heard M/s.Sashikala Raman, learned counsel for the petitioner and Mr.G.K.Muthukumar, learned Special Government Pleader accepting notice on behalf of the respondents. 2.With consent on either side, this writ petition is taken up for final disposal.

3.The petitioner is aggrieved by the rejection of his application for grant of patta by online intimation dated 13.11.2019.

4.On a perusal of the screenshot, it is not clear as to on what ground, the Zonal Deputy Tahsildar, Alangudi Taluk, has rejected the petitioner's application for grant of patta on 27.11.2019.

5.On instructions, the learned Special Government submits that the petitioner has not scanned and uploaded the entire set of documents of which, the petitioner derives title over the property and only few files were scanned and uploaded. However, there is nothing in the screenshot to indicate that the application for transfer of patta was rejected on the ground which has been stated before this Court by the learned Special Government Pleader on instructions from the respondents. 6.The respondent Department can explore the possibility of opening a separate window in the online platform precisely indicating the reasons for rejection followed by a speaking order to be communicated to the applicant by registered post. 7.The learned counsel for the petitioner submits that liberty may be granted to the petitioner to upload all the documents, and directions may be issued to the second respondent to consider the same.

8.In the light of the above, this writ petition stands disposed of by directing the petitioner to file a fresh application by uploading the entire set of documents by which the petitioner claims title to the property including the patta granted in favour of the petitioner's father and if all the documents are uploaded in full form, the first respondent is directed to consider the same and pass a reasoned order on merits and in accordance with law within a period of six weeks from the date on which the online application is filed along with relevant documents. No costs.

Sd/- Assistant Registrar(CO) //True copy// Sub Assistant Registrar abr To 1.The Zonal Deputy Tahsildar,

2.The District Collector, Pudukkottai District, +2ccs to Mr.V.Ashok Kumar, Advocate SR.No.5083 +1cc to Government Pleader SR.No.5306 W.P.No.1220 of 2020 CP(CO) GMY(28/02/2020)