B.Palani v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :29.08.2024
CORAM
THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.24844 of 2024 B.Palani .
..Petitioner Vs.
1. The District Collector M.Singaravelar Maaligai, No.62, Rajaji Salai, Chennai Collectorate Chennai-600 001.
2. The Tahsildar Office of Mambalam Taluk New.No.1, Old No.2, Barathithasan Salai K.K.Nagar, Chennai-600 078.
.Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 2nd respondent to consider and dispose the representation of the petitioner dated 13.03.2024 filed under Form VI for Modification of entries in patta Pass Book as per Rule 12 of the Tamil Nadu Patta Passbook Rules r/w Section 10 of the Patta Pass Book Act 1983 addressed to the 2nd respondent in accordance with law within a time frame that may be fixed by this Honourable court. 1/5
For Petitioner : M/s.M.Vinoth Kumar For Respondents : P.Sathish Additional Government Pleader
O R D E R
The petitioner herein seeks a direction to 2nd respondent to consider his representation dated 13.03.2024 seeking modification of entries in patta pass book within a time fixed by this Court.
2. According to the petitioner, he purchased rear side portion of the residential land bearing Plot No.7, measuring an extent of 1451 Sq.feet (out of 2353 Sq.feet) comprised in Town Survey No.12 (as per patta Sub-Division Town Survey No.12/1), Block 3 situated at Old Door No.17/15, New Door No.18/2, Krishnappan Naicken Street, Saidapet village, previously Mambalam-Guindy Taluk, presently Guindy taluk under a registered sale deed dated 26.10.2006. The patta for the above mentioned property was issued by the 2nd respondent in the name of petitioner under Section 3 of Patta Passbook Act. It is further stated by the petitioner that the property was originally sold by trustees of the Karneeshwarar temple in favour of one K.Rajee Mudaliyar 2/5
under registered sale deed dated 11.03.1947 with the permission of Hindu Religious Endowment Board and the petitioner purchased the property from the persons claiming right under the said Rajee Mudaliyar. It is further stated that during updation of revenue records in digital mode, the name of the original owner Karneeshwarar Temple was wrongly entered in the records. Therefore, the petitioner submitted an application for modification of entry under Section 12 of Tamil Nadu Patta Pass Book Act and the same has not been considered. Aggrieved by the same, the petitioner is before this Court.
3. Mr.P.Sathish, learned Additional Government Pleader, who is taking notice for the respondents submitted that the application of the petitioner dated 13.03.2024 will be considered and final orders will be passed in accordance with law within a time fixed by this Court.
4. In view of the same, without going into the merits of the claim made by the petitioner, this Court is inclined to direct the 2nd respondent to consider the representation of the petitioner dated 13.03.2024 and pass final orders on its' own merits within a period of twelve weeks from the date of receipt of 3/5
copy of this order after issuing necessary notice to the temple whose name is included in the online records during updation of revenue records.
5. With the above directions, this writ petition is disposed of. No costs. 29.08.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No nr To
1. The District Collector M.Singaravelar Maaligai, No.62, Rajaji Salai, Chennai Collectorate Chennai-600 001.
2. The Tahsildar Office of Mambalam Taluk New.No.1, Old No.2, Barathithasan Salai K.K.Nagar, Chennai-600 078.
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S.SOUNTHAR , J.
nr W.P No.24844 of 2024 29.08.2024 5/5