S.Bhaskar Reddy v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.03.2023
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH S.Bhaskar Reddy
...Petitioner
Vs 1.The District Collector, Chennai District, Singaravelar Maaligai, No.62, Rajaji Salai, Chennai - 600 001.
2.The District Revenue Officer, Singaravelar Maaligai, No.62, Rajaji Salai, Chennai - 600 001.
3.The Tahsildar, Maduravoyal Taluk, Nolambur, Mogappair West, Chennai - 600 037.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to grant patta in favour of the petitioner in respect of his land Plot No.71, Thirupathi Nagar, Main road, Sridevi Kuppam, Valasaravakkam, Chennai 1/6
- 600 087 comprised in Survey No.50/2, 51/2 and 52 measuring an extent of 1190 sq. ft. Valasaravakkam Village, Ambattur Taluk, Thiruvallur District by considering the representation of the petitioner dated 22.11.2022.
For Petitioner : Mr.Ramesh Venkatachalapathy for Mr.M.Sriram For Respondents : Mr.Yogesh Kanndasan Special Government Pleader
ORDER
The grievance of the petitioner is that his representation seeking for issuance of a Patta has not been considered by the Tahsildar in time and hence, he has preferred the present Writ Petition.
2. The 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.
3. 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 2/6
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.
4. 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.
5. 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 third 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, 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 and take a final decision, 3/6
within a period of 12 weeks from the date of receipt of the online application.
6. With the above directions, the Writ Petition stands disposed of. No costs.
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To 1.The District Collector, Chennai District, Singaravelar Maaligai, No.62, Rajaji Salai, Chennai - 600 001.
2.The District Revenue Officer, Singaravelar Maaligai, No.62, Rajaji Salai, Chennai - 600 001.
3.The Tahsildar, Maduravoyal Taluk, Nolambur, Mogappair West, Chennai - 600 037.
M.S.RAMESH,J.
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