Prabhakaran v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.03.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH Prabhakaran

...Petitioner

Vs 1.The District Collector, Tiruppur District.

2.The Revenue Divisional Officer, Tiruppur District.

3.The Tahsildar, Tiruppur South Taluk, Tiruppur District.

4.The Taluk Head Surveyor, Tiruppur South Taluk, Tiruppur District.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to take action to dispose of the petitioner's representations dated 06.05.2022 and 03.11.2022 submitted with patta name transfer of the petitioner's land, land properties of an extent of 77 cents in and out of Acre 1.27 cents 1/6

(hectares) comprised in Survey No.32/1D, vide Patta No.256, situated at Ugayanur Village, Tiruppur Taluk and Tiruppur District. For Petitioner : Mr.V.Logeswaren For Respondents : Ms.Akhila Rajendran, Government Advocate

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 petitioner is that his representations seeking for transfer of Patta have not been considered in time and hence, he has preferred the present Writ Petition.

3. The learned Government Advocate 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.

4. The Tamil Nadu Patta Pass Book Act prescribes the mode of making an application for carrying out modifications of entries in the 2/6

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'].

5. 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.

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, 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. On receipt of such an application, the third respondent herein shall consider it on its own merits and in accordance with the procedure 3/6

contemplated under the Tamil Nadu Patta Pass Book Act, as well as the Tamil Nadu Patta Pass Book Rules and take a final decision, 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.

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To 1.The District Collector, Tiruppur District.

2.The Revenue Divisional Officer, Tiruppur District.

3.The Tahsildar, Tiruppur South Taluk, Tiruppur District.

4.The Taluk Head Surveyor, Tiruppur South Taluk, Tiruppur District.

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M.S.RAMESH,J.

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