S.Balu v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.04.2023

CORAM:

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

...Petitioner

Vs

1. The District Collector, Salem District, Salem.

2. The Tahsildar, Sankari Taluk, Salem District

...Respondent

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 2nd respondent to carry out necessary mutation in the village records by entering the petitioner's name as Pattathar of the property in Patta No.241 and 1216 in Old Survey No.180/3,4, 181/1.2.4.5 and Patta 241, Survey No.180/3A, 3B, 4A, 4B and 181/1,2,4 and Per Patta 1216 Survey No.181/5 situated in Kaligoundampalayam Village, Sankari Taluk, Salem District and to issue patta in his name by considering the petitioner's request made on 09.11.2022.

For Petitioners : Mr.T.N.Rangesh Kanna 1/4

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 petitioner is that his representation dated 09.11.2022, seeking to carry out necessary mutation in the village records by entering his name as Pattathar of the property in Patta No.241 and 1216 in Old Survey No.180/3,4, 181/1.2.4.5 and Patta 241, Survey No.180/3A, 3B, 4A, 4B and 181/1,2,4 and Per Patta 1216 Survey No.181/5 situated in Kaligoundampalayam Village, Sankari Taluk, Salem District and to issue patta in his name has not been considered in time and hence, he has preferred the present Writ Petition.

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, for rectification of entries.

4. The Tamil Nadu Patta Pass Book Act prescribes the mode of 2/4

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.

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 concerned Tahsildar shall consider it on its own merits and in accordance with the 3/4

M.S.RAMESH,J.

sr 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.

19.04.2023 Index:Yes/No Speaking order/Non-speaking order sr To

1. The District Collector, Salem District, Salem.

2. The Tahsildar, Sankari Taluk, Salem District 4/4