Thirumal v. The Tahsildar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.4.2023 CORAM :
THE HONOURABLE MR. JUSTICE M.S. RAMESH Thirumal
...Petitioner
Vs 1.The Tahsildar, Nambiyur Taluk Office, Nambiyur Post & Taluk, Erode District.
2.The Inspector of Police, Nambiyur Police Station, Nambiyur Taluk, Erode District.
3.Perumal 4.The President, Perunthalaivar Kamarajar Education Trust, Sellipalayam Main Road, Kosanam Village, Nambiyur Taluk, Erode District.
5.Murugasamy 6.Muthusamy
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the first respondent to remove the wrong entries of one Perumal, Son of Palanisamy, the President, Perunthalaivar Kamarajar Education Trust and Murugasamy 1/5
(respondent Nos.3, 4 and 5) made in Patta No.64 in Survey No.32/2 to an extent of 3 acres situated at Polavapalayam Village, Nambiyur Taluk, Erode District based on the petitioner's representation on the online application No.2023/0103/10/354741 dated 06.01.2023 followed by written representation dated 12.01.2023.
For Petitioner : Mr.D.Veerasekaran For Respondents 1 & 2 : Mr.P.Sathish, Additional Government Pleader
ORDER
Heard the learned counsel for the petitioner and the learned Additional Government Pleader accepting notice for the official respondents. Since this Court is directing the first respondent to consider the petitioner's application after giving notice to all the parties concerned, notice to the private respondents is dispensed with.
2. The grievance of the petitioner is that his online application seeking for deletion of certain alleged wrong entries in the patta has not been considered in time and hence, he has preferred the present Writ Petition.
2/5
3. The learned Additional Government Pleader submitted that the relevant form, namely Form VI, 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 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'].
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. 3/5
6. In the light of the above observations, the petitioner herein is 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 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.
7. With the above directions, the Writ Petition stands disposed of. No costs.
11.4.2023 Index:Yes/No Speaking order/Non-speaking order 4/5
M.S.RAMESH,J.
RS/SNI To 1.The Tahsildar, Nambiyur Taluk Office, Nambiyur Post & Taluk, Erode District.
2.The Inspector of Police, Nambiyur Police Station, Nambiyur Taluk, Erode District.
11.4.2023 5/5