M.Sekar v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.4.2023 CORAM :

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

...Petitioner

Vs 1.The District Collector, Ariyalur Collector Office, Ariyalur, Ariyalur District.

621704.

2.The Revenue Divisional Officer, Ariyalur Revenue Office, Ariyalur District-621704.

3.The Thasildar, Ariyalur Taluk Office, Ariyalur District-621704.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents in particular third respondent to grant enjoyment joint patta of petitioner occupied agricultural land situated at comprised survey Nos.333 and 335/2 to an extent of 6 acres punja land situated at Thelur Village, Ariyalur Taluk and District.

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For Petitioner : Mr.M.Saravanakumar 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 writ petition has been filed seeking a direction to the third respondent to grant patta to the agricultural punja land occupied by the petitioner in S.Nos.333 and 335/2 situated at Thelur Village, Ariyalur Taluk and District measuring 6 acres. In this regard, the petitioner had given a representation dated 01.3.2023 to the respondents.

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 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 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.

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 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.

11.4.2023 Index:Yes/No Speaking order/Non-speaking order To 1.The District Collector, Ariyalur Collector Office, Ariyalur, Ariyalur District.

621704.

2.The Revenue Divisional Officer, Ariyalur Revenue Office, Ariyalur District-621704.

3.The Thasildar, Ariyalur Taluk Office, Ariyalur District-621704.

RS/SNI M.S.RAMESH,J.

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