Kalluthundil Yohannan Philip v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.03.2023
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH Kalluthundil Yohannan Philip
...Petitioner
Vs 1.The District Collector, Krishnagiri District, Krishnagiri.
2.The District Revenue Officer, Krishnagiri.
3.The Tahsildar, Denkanikottai Taluk, Krishnagiri District.
4.Sarathambal 5.M.E.Muni Reddy 6.Rajasekar Reddy 7.Neelakanda Reddy 8.Geetha 9.Prabhakar Reddy 10.Kamalamma 11.Swarna 12.Nagalakshmi 13.Indiramma 14.Pushpa
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing respondents 1 to 3 to 1/5
consider the representation for issuing patta in respect of the property comprised in (a) survey Number 365/1 Dry Extent Hec.2.01.5 = Acre 4.98 cents; (b) survey Number 365/2 Dry Extent Hec.1.14.0 = Acre 2.81 cents; (c) survey Number 365/6 Dry Extent Hec 0.80.0 = Acre 1.77 cents; (d) survey Number 365/20 Dry Extent Hec.1.91.0 = Acre 4.72 cents; and (e) survey Number 365/1E Dry Extent Hec.0.25.0 = 0.55 cents admeasuring Acre 17.25 cents situated at Agalakotta Village of Denkanikotta Taluk, Krishnagiri District in favour of the Petitioner within a reasonable time that may be fixed by this Court. For Petitioner : Dr.K.Sundararaj For Respondents 1 to 3 : Ms.Akila Rajendran Government Advocate
ORDER
Heard the learned counsel for the petitioner and the learned Government Advocate accepting notice for the official respondents. Since this Court is directing the third respondent to consider the petitioner's application after giving notice to all the parties concerned, notice to the private respondents is dispensed with. 2/5
2. The grievance of the petitioner is that his representation seeking for issuance of a Patta has not been considered by the Tahsildar in time and hence, he has preferred the present Writ Petition.
3. The learned Government Advocate submitted that the relevant form, namely Form II, 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 issuance of Patta to be in Form II, as specified under Section 3(4) of the Patta Pass Book Act, 1983 [hereinafter referred to as 'the Act'], read with Rule 3(2) of the Tamil Nadu Patta Pass Book Rules, 1987 [hereinafter referred to as 'the Rules'], within a period of 30 days from the date specified in the notice under Section 3(3) of the Act.
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 3/5
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 II through online, as specified under Section 3(4) of the Act, read with Rule 3(2) 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 Tahsildar concerned 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.
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M.S.RAMESH,J.
RS/SNI Index:Yes/No Speaking order/Non-speaking order To 1.The District Collector, Krishnagiri District, Krishnagiri.
2.The District Revenue Officer, Krishnagiri.
3.The Tahsildar, Denkanikottai Taluk, Krishnagiri District.
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