V.Karuppasamy v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.04.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH V.Karuppasamy

...Petitioner

Vs 1.The Revenue Divisional Officer, Coimbatore (North), Koundampalayam, Coimbatore-641 030.

2.The Tahsildar, Coimbatore (North), Dr.Balasundaram Road, Coimbatore - 641 018.

3.Chinna Thayammal 4.Viswanathan

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the first respondent to conduct an enquiry on the petitioner's representation dated 10.01.2023. 1/6

For Petitioner : Mr.B.Manimaran For Respondents : Mr.V.Veluchamy, Additional Government Pleader for R1 and R2 No appearance for R3 and 4

ORDER

Heard Mr.B.Manimaran, learned counsel for the petitioner and Mr.V.Veluchamy, learned Additional Government Pleader for respondents 1 and 2.

2.The grievance of the petitioner is that since his representation dated 10.01.2023, requesting the official respondents to cancel the patta, issued to respondents 3 and 4, has not been considered in time, he has preferred the present Writ Petition.

3.The learned Additional Government Pleader for respondents 1 and 2 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. 2/6

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'].

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. On receipt of such an application, the official respondents herein shall consider it on its own merits and in accordance 3/6

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. 7.With the above directions, the Writ Petition stands disposed of. No costs.

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To 1.The Revenue Divisional Officer, Coimbatore (North), Koundampalayam, Coimbatore-641 030.

2.The Tahsildar, Coimbatore (North), Dr.Balasundaram Road, Coimbatore - 641 018.

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M.S.RAMESH,J.

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