T.S.Vasantha v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.4.2023
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH 1.T.S.Vasantha 2.K.S.Ananthanarayanan 3.K.S.Preethi rep.by her power of attorney Mr.K.S.Ananthanarayanan
...Petitioners
Vs 1.The District Collector, Ma.Singaravelar Maligai, Rajaji Salai, Chennai-1.
2.The Tasildar, Velachery Taluk, Velachery, Chennai-47.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 2nd respondent to issue patta to the petitioners after surveying the petitioners' land bearing Plot No.131 in the approved lay-out LPDM/DTP No.16/1973 comprised in S.No.317/1 part of Velachery Village, Chennai by marking the metes and bounds of the same by considering the petitioners' application dated 20.12.2018 and the petitioners' representations dated 06.02.2023 and 10.02.2023.
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For Petitioners : Ms.T.Dharani For Respondents : Mr.R.P.Murugan Raja, Government Advocate
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 petitioners is that the representations made by the second petitioner seeking for issuance of a Patta in their favour have not yet been considered by the Tahsildar in time and hence, they have preferred the above 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 petitioners 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 2/5
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 petitioners are 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 petitioners are 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 3/5
notice to the petitioners, 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.
03.4.2023 2/2 Index:Yes/No Speaking order/Non-speaking order To 1.The District Collector, Ma.Singaravelar Maligai, Rajaji Salai, Chennai-1.
2.The Tasildar, Velachery Taluk, Velachery, Chennai-47.
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M.S.RAMESH,J.
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