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Madras High CourtWP/7192/2023disposed of

S.Jayaraj v. The Tahsildar

2023-03-09Honourable Mr Justice M.S. Ramesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.03.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH S.Jayaraj

...Petitioner

Vs The Tahsildar, Cheyyur Taluk, Chengalpattu District.

...Respondent

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondent to dispose within time frame the petitioner's online application dated 04.01.2023 seeking to transfer of patta to the petitioner name with respect to the properties situated at Nelvaipalaiyam Village, Cheyyur Taluk, Chengalpattu District comprised in Survey Nos.12/1B, 9A/2, 9A/4, 7A/1B, 9A/3, 9A/5A and 9A/6A.

For Petitioner : Mr.Mageshkumar For Respondent : Mr.P.Sathish, Additional Government Pleader 1/4

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 online application seeking for transfer of Patta has not been considered in time and hence, he has preferred the present Writ Petition.

3. 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'].

4. This Court is of the view that if the Tahsildar is directed 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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5. In the light of the above observations, the respondent herein is directed to consider the online application made by the petitioner dated 04.01.2023 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, within a period of 8 weeks from the date of receipt of a copy of this order.

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

09.03.2023 Index:Yes/No Speaking order/Non-speaking order hvk To The Tahsildar, Cheyyur Taluk, Chengalpattu District.

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M.S.RAMESH,J.

hvk 09.03.2023 4/4