Arputhamani Annakili v. The Commissioner Of Land Administration
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.03.2023
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH 1.Arputhamani Annakilli 2.Maheswaran 3.Lakshmi 4.Bakkiyam 5.Kalpana 6.Valliyammal 7.Mani 8.Esley Rajkumari 9.M.Nagamani 10.M.Jothimani 11.Pechiyammal 12.Thulasi 13.Gajalakshmi 14.Vasanthamani 15.Thulasiammal 16.Ponnammal 17.Syed Ali Fathima 18.Maitheen Khader Fathima 19.Fathima Begum 20.Sivaraj 21.Mangammal 22.Chandra 23.Jothi 24.Saraswathy 25.Rajamani 26.Geetha 27.Theilathhal 1/10
28.Rukmani 29.Baby 30.Veni 31.Veerammal 32.Pushpa Latha 33.Karthikeyan 34.Thulasiammal 35.Nagammal 36.K.Prabhu 37.Prakash 38.Parimala 39.Manikandan 40.Paneerselvam 41.Karuppathal 42.Mayilathal 43.Kaleeswari 44.Jerina Banu 45.Karthikeyan 46.Murugathal 47.Rukmani 48.Asaithambi 49.Murugan 50.Gokilamani 51.Gopalakrishnan 52.Sumathi 53.Amutha 54.Mallika 55.Bagathal 56.Moorthy 57.S.Amsaveni 58.Kannammal 59.Sakthivel 60.Sumathi 61.Jagadeesh 62.Sulochana 63.Sumathi 64.Devasena 2/10
65.Arumugam 66.P.Daniel Sankar 67.Thilagavathy 68.Mani 69.Selvaraj 70.Muthammal 71.Karthik 72.Jayalakhmi 73.Radha 74.Paul Jebaraj 75.Premalatha 76.Mano 77.Jayamani 78.Selvi 79.Selvi 80.Kalamani 81.Balamani 82.Banumathi 83.Velusamy 84.Kamala 85.Marammal 86.Thulasiammal 87.Muthulakshmi 88.Sulochana 89.Annakili 90.Balammal 91.Mala 92.Kuruvammal 93.Velammal 94.Santhamani 95.Rathnakala 96.Gunasekaran 97.Rajamani 98.Palaniammal 99.Gomathi Krishnan 100.Sivakumar 101.Thulasimani 3/10
102.Rajamani 103.Bakkiyalakshmi 104.Gnanasekaran 105.Deepa 106.Lakshmi 107.Palanisamy 108.Rathi 109.Selvi 110.Bakkiyam 111.Muthulakshmi 112.Manjula 113.Mahendran 114.Sangeetha 115.Mallika 116.Santhi 117.Vijay 118.Velliangiri 119.Sasikala 120.Palaniyammal 121.Maragatham 122.Samsuddeen 123.Deivanai 124.Sivagami 125.Rani 126.Dhanapal 127.Meena 128.Papathi 129.Sutha 130.Eswaran 131.Arukkani Pushpavathi 132.Sivagami 133.Rajalakshmi 134.Geetha 135.Subramaniam 136.Rich in Glory Prayer House, Managing Trustee, Rep. by Mr.P.Daniel Shankar D.No.155 4/10
137.Renugadevi 138.Rajeswari 139.Saraswathi 140.Lakshmi 141.Poovathal 142.Kannammal 143.Parameswari 144.Ramasamy 145.Kaliammal 146.Manoranjitham 147.Kartick 148.Rukmani 149.Kaliammal 150.Ganesan 151.Manickam 152.Amaravathi 153.Lakshmi 154.Pushpa
...Petitioners
Vs 1.The Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai - 600 005.
2.The District Collector, Coimbatore District, Coimbatore.
3.The District Revenue Officer, Coimbatore District, Coimbatore.
4.The Revenue Divisional Officer, Coimbatore.
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5.The Tahsildar, Coimbatore North Taluk, Coimbatore.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to issue Patta in favour of the petitioners in Survey Nos.709/2 & 709/3 situated at Athikuttai Anna Nagar, Kalapatti Village, Coimbatore West Taluk, Coimbatore District based on the representation of the petitioners dated 29.08.2022 within a stipulated time.
For Petitioners : Mr.C.Ramkumar For Respondents : Mr.Yogesh Kannadasan, Special Government Pleader
ORDER
With the consent of both the parties, this Writ Petition is taken up for final disposal at the admission stage itself. 2.The grievance of the petitioners is that their representation seeking for issuance of Patta has not been considered by the respondents in time and hence, they have preferred the present Writ Petition. 6/10
3. The learned Special Government Pleader submitted that the relevant form, namely Form II, has now been uploaded in the Registration Department's website and that the petitioners can apply through online.
4. 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.
5. This Court is of the view that if the petitioners are granted liberty to make an appropriate online application under the relevant form, within 30 days, with a consequential direction to the Tahsildar concerned 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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6. In the light of the above observations, the petitioners herein are 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 fifth 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 petitioners, as well as all 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.
7. With the above directions, the Writ Petition stands disposed of. No costs.
24.03.2023 Index:Yes/No hvk 8/10
To 1.The Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai - 600 005.
2.The District Collector, Coimbatore District, Coimbatore.
3.The District Revenue Officer, Coimbatore District, Coimbatore.
4.The Revenue Divisional Officer, Coimbatore.
5.The Tahsildar, Coimbatore North Taluk, Coimbatore.
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M.S.RAMESH,J.
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