← Library
Madras High CourtWP/12913/2023disposed of

M.Thangavel v. The Thasildhar

2023-04-27Honourable Mr Justice S.M. Subramaniam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.04.2023 CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM M.Thangavel ..

Petitioner vs The Tahsildar Mettur Taluk Salem District - 636 403.

..

Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondent to grant and issue patta in the name of the petitioner based on the online application dated 01.03.2023.

For Petitioner :

Mr.M.Venkadesh Kumar For Respondent :

Mr.Abishek Murthy Government Advocate

ORDER

The relief sought for in the present writ petition is to direct the respondent to grant and issue patta in the name of the petitioner based on the online application dated 01.03.2023.

2. The direction as such sought for to issue patta cannot be granted by the High Court. For seeking patta, the person aggrieved has to

approach the competent authorities under the provision of the Patta Passbook Act. In the event of filing an application, the authorities competent has to register the same and follow the procedures as contemplated under the provisions of the Patta Passbook Act and Rules framed therein.

3. In the present case, the petitioner submitted the application only on 01.03.2023 and hardly one and a half months lapsed. The person who filed such an application cannot immediately approach the High Court for issuing a direction, which would cause administrative inconvenience to the competent authorities in dealing with all such similar matters in an uniform manner.

4. The Court must allow the competent authorities to deal with all such applications in a systematic manner and in the order of seniority and by following the procedures as contemplated under the Act and Rules.

5. The petitioner has to wait for her turn for adjudication of the application submitted for grant of patta. The authorities competent shall register the application filed by the petitioner in the order of seniority and accordingly, conduct an enquiry by affording an opportunity to all the

parties and thereafter take a decision as expeditiously as possible.

6. With these directions, the writ petition is disposed of. There will be no order as to costs.

Index : Yes/No 27.04.2023 drm To:

1. The Tahsildar Mettur Taluk Salem District - 636 403.

S.M. SUBRAMANIAM, J.

drm 27.04.2023