A. Kuppusamy, S / O. Arumugam, v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.11.2020 CORAM :
The HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.1334 of 2017 A. Kuppusamy
...Petitioner
v.
1. The District Collector,
2. The District Revenue Officer,
3. The Tahsildar, Tindivanam Taluk, Villupuram District.
4. The Land Surveyor/Revenue Inspector, Land Demarcation Section, Tahsildar Office, Tindivanam Taluk, Villupuram District.
...Respondents
Writ Petition filed under Article 226 of the Constitution of India for issuing a Writ of Mandamus directing the 4th respondent to demarcate the petitioner's property and also directing the 3rd respondent to issue the patta on the basis of the petitioner's land demarcation and patta name transfer application dated 05.08.2016 in accordance with law pertaining to the property of house Plot No.8, total extent 1505 sqr.ft from the total extent of 2.87 hectares in Survey Numbers 25/61.47, in 3.51, 25/7-0.17, 25/8-0.15, 25/9-0.06, 25/10-0.11, 25/11-0.19, 28/6-0.13, 28/9-0.43, 28/11-0.16 situated at Udhayam Nagar, Tindivanam Village and registered at Tindivanam Sub Registrar-1, Tindivanam Registration District, bearing Registration Document No.79/2004 within a stipulated time. For Petitioner : Mr. J. Venkatraman For Respondents : Ms. A. Madhumathi, Special Govt. Pleader
O R D E R
The petitioner has filed the above Writ Petition to issue a Writ of Mandamus directing the 4th respondent to demarcate the petitioner's property and also directing the 3rd respondent to issue the patta on the basis of the petitioner's land demarcation and patta name transfer application dated 05.08.2016 in accordance with law, pertaining to the property of house Plot No.8, total extent 1505 sqr.ft from the total extent of 2.87 hectares in Survey Numbers 25/6-1.47, in 3.51, 25/7-0.17, 25/80.15, 25/9-0.06, 25/10-0.11, 25/11-0.19, 28/6-0.13, 28/9-0.43, 28/11-0.16 situated at Udhayam Nagar, Tindivanam Village and registered at Tindivanam Sub Registrar-1, Tindivanam Registration District, bearing Registration Document No.79/2004 within a time frame.
2. When the Writ Petition is taken up for hearing, Ms. A. Madhumathi, learned Special Government Pleader appearing for the respondents submitted that the 3rd respondent, Tahsildar, had already considered the petitioner's application dated 05.08.2016 and passed an order on 16.03.2017 rejecting the request of the petitioner for the issuance of patta.
3. When the Tahsildar had rejected the petitioner's application for the issuance of patta, the remedy open to the petitioner is to file an appeal as per the provisions of Section 10 of the Tamil Nadu Patta Passbook Act.
4. Mr. J. Venkatraman, learned counsel appearing for the petitioner submitted that the petitioner would approach the appellate authority in accordance with the provisions of the Tamil Nadu Patta Passbook Act.
5. In view of the submissions made by the learned counsel on either side, the Writ Petition stands disposed of. It is open to the petitioner to file an appeal as per the provisions of the Tamil Nadu Patta Passbook Act challenging the order passed by the Tahsildar. No costs.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To
1. The District Collector,
2. The District Revenue Officer,
3. The Tahsildar, Tindivanam Taluk, Villupuram District.
4. The Land Surveyor/Revenue Inspector, Land Demarcation Section, Tahsildar Office, Tindivanam Taluk, Villupuram District.
+1cc to Mr.J.Venkatraman, Advocate, S.R.No.38188 +1cc to the Government Pleader, S.R.No.38269 W.P.No.1334 of 2017 SPD(CO) RV(18/12/2020)