N.Palanisamy v. The Thasildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.02.2024 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN W.P. No.

of 2024 N.Palanisamy ... Petitioner Vs.

The Tahsildar Avinashi Taluk Tiruppur - 641 655 ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondent namely the Tahsildar, Avinashi Taluk, to issue Patta in Old Survey No.266/B and New Survey No.652/2 Grama Natham measuring an extent of 19.50 cents of land with building in Patta No.741, to the petitioner. For Petitioner : Mr.R.Lokeshwaran For Respondent : Mr.A.Selvendran Special Government Pleader 1/6

ORDER

This Writ Petition is filed seeking to issue a Writ of Mandamus directing the respondent/Tahsildar, Avinashi Taluk, to issue Patta in Old Survey No.266/B and New Survey No.652/2 Grama Natham measuring an extent of 19.50 cents of land with building in Patta No.741, to the petitioner.

2. The contention of the learned counsel for the petitioner is that the petitioner made an application on 12.02.2024 for transfer of Patta for the above said property. However, the same has not been considered so far. Hence, the present Writ Petition is filed.

3. Mr.A.Selvendran, learned Special Government Pleader takes notice for the respondent.

4. It is seen that the petitioner has not made the application through online whereas, the learned counsel for the petitioner submits that the petitioner has made the application only through online. 2/6

5. As per the prevailing procedure in the State, the applications in respect of Transfer of Patta, issuance of Patta, issuance of Separate Patta and for Surveying the land, have to be made through online and the requisite fees have to be paid through e-Challan and only thereafter, the applications will be scrutinized and action would be taken by the revenue authorities.

6. However, since this petition is filed seeking a simple writ of mandamus to consider the petitioner's application, this Court without expressing any opinion with regard to the merits of the case, directs the respondent to consider the petitioner's application dated 12.02.2024 if the same is otherwise in order or else, the petitioner shall make online application and pay the requisite fee through e-Challan and on receipt of the same, the respondent shall consider the same if it is otherwise in order and pass orders on merits and in accordance with law after conducting enquiry in the manner known to law, within the time as prescribed in the circular No.R1/2005632/2022 dated 17.07.2023 issued by the 3/6

Commissioner of Land Administration.

7. With the above directions, this Writ Petition is disposed of at the admission stage itself. There shall be no order as to costs. 29.02.2024 ksa-2 Index : Yes / No Speaking Order : Yes / No 4/6

To The Tahsildar Avinashi Taluk Tiruppur - 641 655 5/6

P.VELMURUGAN. J.

Ksa-2 W.P. No.

of 2024 29.02.2024 6/6