K.A.Rasheed v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.03.2023 CORAM :
THE HONOURABLE MR. JUSTICE M.S. RAMESH 1.K.A.Rasheed 2.K.Tajunnisa
...Petitioners
Vs 1.The District Collector, Singara Maligai, No.62, Rajaji Salai, Chennai-1.
2.The Tasildar, Ambattur Taluk Office, Ambattur, Chennai-53.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to reclassify the land situated at Korattur Village, E-ward, Block 30, T.S No. 28/2 comprised in Old Survey No.63/2, Korattur Village, T.V.S.Nagar, Ambattur Taluk, Tiruvallur District from the classification of Sarkar Nanjai to the classification of Ryotwari Nanjai and further to direct the respondents to issue patta by carrying out correct measurement to the petitioners' property bearing Plot Nos.7 (2,100) and 7A (1,067) square feet at T.V.S.Nagar, totally measuring an extent of 3,167 square feet comprised in part of Survey No.63/2, T.S.No.28/2, Ward E, Block No. 30, Ambattur Town, Ambattur Taluk, Tiruvallur District considering the 1/5
petitioners' representations dated 27.02.2023 and 10.03.2023. For Petitioners : Mr.J.Ashok For Respondents : Mr.Yogesh Kannadasan, Special 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 representations seeking for transfer of Patta have not been considered in time and hence, they have preferred the Writ Petition.
3. The learned Government Advocate submitted that the relevant form, namely Form VI, 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 carrying out modifications of entries in the 2/5
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'].
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 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 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 3/5
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 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.
30.03.2023 2/2 Index:Yes/No Speaking order/Non-speaking order To 1.The District Collector, Singara Maligai, No.62, Rajaji Salai, Chennai-1.
2.The Tasildar, Ambattur Taluk Office, Ambattur, Chennai-53.
RS/SNI 4/5
M.S.RAMESH,J.
RS/SNI 30.03.2023 2/2 5/5