C.Pradeep v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.04.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH C.Pradeep

...Petitioner

Vs The Thasildar, Perur Taluk, Siruvani Main Road, Coimbatore - 641 010.

...Respondent

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondent to issue Patta on the petitioner's name for Plot No.7 to an extent of 1325 sq.ft. Situated in Survey No.62/B at Veerakeralam Village, Perur Taluk, Coimbatore without insisting no objection certificate from the Tamil Nadu Housing Board pertaining to the petitioner's property by considering his representation dated 10.03.2023.

For Petitioner : Mr.B.Gopalakrishnan For Respondent : Mrs.Akhila Rajendran Government Advocate 1/5

ORDER

Heard Mr.B.Gopalakrishnan, learned counsel for the petitioner and Mrs.Akhila Rajendran, learned Government Advocate for the respondent. 2.The grievance of the petitioner is that his representation dated 10.03.2023 seeking for issuance of a Patta has not been considered by the Tahsildar in time and hence, he has preferred the present Writ Petition.

3.The learned Government Advocate for the respondent 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 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 2/5

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.

has already been made and is pending.

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M.S.RAMESH,J.

vga 7.With the above directions, the Writ Petition stands disposed of. No costs.

17.04.2023 Index:Yes/No Speaking order/Non-speaking order vga To The Thasildar, Perur Taluk, Siruvani Main Road, Coimbatore - 641 010.

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