D.Dinesh v. The Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.4.2023 CORAM :
THE HONOURABLE MR. JUSTICE M.S. RAMESH 1.D.Dinesh 2.B.Rani
...Petitioners
Vs 1.The Government of Tamil Nadu, rep.by its Additional Chief Secretary/Commissioner of Land Administration, Land Administration Department, Ezhilagam, II Floor, Chepauk, Chennai-5.
2.The District Revenue Officer, Kancheepuram District, Office of the District Revenue Officer, Thaiyar Kullam, Kancheepuram-631501.
3.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Pillayar Koil Street, Chengalpattu-603001.
4.The Tahsildar, Office of the Tahsildar of Thiruporur, Chengalpattu Road, Thiruporur-603110.
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5.Dhanapal 6.Gangatharan 7.Kumar 8.Radha 9.Radhakrishnan 10.Danammal
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 to 4 herein to consider the representation of the petitioners dated 21.11.2022 for the purposes of issuing patta for their property situated at Egattur Village, Thiruporur Taluk, Chengalpattu District comprised in Old Survey Field No.106/2B (presently comprised in New Survey Field Nos.155/8 and 155/10) within a time frame as fixed by this Court. For Petitioners : Mr.Ganesh For Respondents 1 to 4 : Mr.Yogesh Kannadasan, Special Government Pleader
ORDER
Heard the learned counsel for the petitioners and the learned Special Government Pleader accepting notice for the official respondents. Since this Court is directing the fourth respondent to consider the petitioners' application after giving notice to all the parties concerned, notice to the private respondents is dispensed with. 2/6
2. The grievance of the petitioners is that their representation seeking for transfer of Patta has not been considered in time and hence, they have preferred this Writ Petition.
3. The learned Special Government Pleader 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 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 3/6
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 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.
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7. With the above directions, the Writ Petition stands disposed of. No costs.
21.4.2023 2/2 Index:Yes/No Speaking order/Non-speaking order To 1.The Government of Tamil Nadu, rep.by its Additional Chief Secretary/Commissioner of Land Administration, Land Administration Department, Ezhilagam, II Floor, Chepauk, Chennai-5.
2.The District Revenue Officer, Kancheepuram District, Office of the District Revenue Officer, Thaiyar Kullam, Kancheepuram-631501.
3.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Pillayar Koil Street, Chengalpattu-603001.
4.The Tahsildar, Office of the Tahsildar of Thiruporur, Chengalpattu Road, Thiruporur-603110.
RS/SNI 5/6
M.S.RAMESH,J RS/SNI 21.4.2023 2/2 6/6