C.Palanisamy v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.03.2023
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH 1.C.Palanisami 2.G.Mani 3.Balusami
...Petitioners
Vs 1.The District Collector, District Collectorate, Salem District.
2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Salem District.
3.The Tahsildar Asthampatti, Salem District.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to issue pata to the petitioners based on their petition in TN/REV/SLM I/ COLLMGDP/06FEB23/4985085 dated 06.02.2023 for the land in Survey No.85/3 situated in Iyyanarappan Koilkadu, Nilavarapatti Village and Post, Salem Taluk and District.
For Petitioners : Mr.T.Ananthasekar 1/5
For Respondents : Mr.V.Veluchamy, Additional Government Pleader
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 their petition seeking for issuance of a Patta has not been considered by the Tahsildar in time and hence, they have preferred the above Writ Petition.
3. The learned Additional Government Pleader 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 to as 'the Act'], read with Rule 3(2) of the Tamil Nadu Patta Pass Book 2/5
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 herein 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 notice to the petitioners, as well as all the other persons who 3/5
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.
21.03.2023 2/2 Index:Yes/No Speaking order/Non-speaking order To 1.The District Collector, District Collectorate, Salem District.
2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Salem District.
3.The Tahsildar Asthampatti, Salem District.
RS/SNI 4/5
M.S.RAMESH,J.
RS/SNI 21.03.2023 2/2 5/5