Ramesh Kumar v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.03.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH P.Ramesh Kumar

...Petitioner

Vs 1.The District Collector, Collector Office, Coimbatore District - 18.

2.The Revenue Divisional Officer, Sulur Division, Sulur, Coimbatore District - 18.

3.The Thasildar, Sulur Taluk, Sulur, Coimbatore Distric - 641 402.

4.Ranjani

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 3rd respondent to consider and pass orders on the petitioner's representation dated 19.10.2022 and 04.02..2022, which is seeking cancellation of Patta No.2608 in Survey No.S.F.No.156/B3A, 156/B3B at Arasur Village and 1/6

restore the patta AS No.19/2021a on the file of 1st Additional District Court at Coimbatore.

For Petitioner : Mrs.B.Sri Banupriya For R1 to R3 : Mr.R.P.Murugan Raja, Government Advocate

ORDER

Heard Mrs.B.Sri Banupriya, learned counsel for the petitioner and Mr.R.P.Murugan Raja, learned Government Advocate for the respondents 1 to 3.

2. Since this Court is directing the Tahsildar to consider the petitioner's application, after giving due opportunity to the fourth respondent, notice to fourth respondent is hereby dispensed with.

3. The grievance of the petitioner is that his representations seeking for inclusion of his name in the revenue records have not been considered in time and hence, he has preferred the present Writ Petition.

4. The learned Government Advocate submitted that the relevant 2/6

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.

5. 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'].

6. 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.

7. In the light of the above observations, the petitioner herein is 3/6

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 third respondent herein 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.

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

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To 1.The District Collector, Collector Office, Coimbatore District - 18.

2.The Revenue Divisional Officer, Sulur Division, Sulur, Coimbatore District - 18.

3.The Thasildar, Sulur Taluk, Sulur, Coimbatore Distric - 641 402.

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M.S.RAMESH,J.

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