Ponnu Matriculation Higher Secondary School v. The District Revenue Officer,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.04.2023
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH Ponnu Matriculation Higher Secondary School, Under Sri Ramakrishna Madam Trust, Dharapuram, Rep by its Managing Trustee, V.Ramasamy, Udumalai Road, Dharapuram, Tiruppur District-638 656
...Petitioner
Vs
1. The District Revenue Officer, Tiruppur District, Tiruppur.
2. The Tahsildar, Dharapuram, Tiruppur District.
3. The Commissioner, Dharapuram Municipality, Dhrapuram, Tiruppur District.
4. The Erode Housing Unit, Rep by its Chief Engineer and Administrative Officer, T.N.H.B Shopping Complex, Surampatti, Erode
...Respondents
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PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 2nd respondent to mutate the patta in the name of petitioner for the property measuring about 2 acres 20 cents in S.F.No.386/2A, T.S.No.60 in Chitharavuthanpalayam Village of Dharapuram Taluk in Tiruppur District by considering the petitioner's representation dated 21.04.2022. For Petitioner : Mr.N.Ponraj For Respondent : Mr.R.P.Murugan Raja Additional Government Pleader
ORDER
Heard Mr.N.Ponraj, learned counsel for the petitioner and Mr.R.P.Murugan Raja, learned Additional Government Pleader for the respondents.
2. The grievance of the petitioner is that his representation dated 21.04.2022 seeking to mutate the patta in his name for the property measuring about 2 acres 20 cents in S.F.No.386/2A, T.S.No.60 in Chitharavuthanpalayam Village of Dharapuram Taluk in Tiruppur District, has not been considered in time and hence, he has preferred the 2/6
present Writ Petition.
3. The learned Additional Government Pleader 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.
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. 3/6
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 concerned Tahsildar 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 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.
12.04.2023 Index:Yes/No Speaking order/Non-speaking order sr 4/6
To
1. The District Revenue Officer, Tiruppur District, Tiruppur.
2. The Tahsildar, Dharapuram, Tiruppur District.
3. The Commissioner, Dharapuram Municipality, Dhrapuram, Tiruppur District.
4. The Erode Housing Unit, Rep by its Chief Engineer and Administrative Officer, T.N.H.B Shopping Complex, Surampatti, Erode 5/6
M.S.RAMESH,J.
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