M.Natesan, S/O.Late Mookkan, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.01.2018

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P(MD)No.1635 of 2018 M.Natesan ... Petitioner Vs.

1.The District Collector, Trichy District.

2.The Revenue Divisional Officer, Musiri, Trichy District.

3.The Tahsildar, Taluk Office, Turaiyur, Trichy District.

4.Uthandan ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the third respondent to issue separate patta for 7 1/2 cents in S.No.49/1 at Melakunnuppatti, Nagalapuram village, Thuraiyur Taluk, Trichy District by considering the representation dated 14.11.2017. For Petitioner : Mr.N.Mohan For Respondent : Mr.M.Rajarajan, Government Advocate

ORDER

The relief sought for in this writ petition is to issue direction to the respondents to issue separate patta for 7 1/2 cents in S.No.49/1 at Melakunnuppatti, Nagalapuram village, Thuraiyur Taluk, Trichy District by considering the representation dated 14.11.2017.

2.Issuance of patta has to be considered in accordance with the Provisions of the Patta Pass Book Act, 1983. The authorities competent are bound to follow the procedures by conducting enquiry before issuing patta pass book in favour of the person, who is claiming the same. As per Section 3 of the Act, the Tahsildar shall issue patta pass book to every owner. In respect of every application made in this regard has to be acknowledged by the Tahsildar or any other authorised authority in his behalf. 3.Thus, patta has to be issued only in accordance with the provisions of the Act or Rules. The learned Counsel for the petitioner made submissions that the representation was submitted in this regard to the respondents. It is for the third respondents to consider the claim of the parties including considering the claim of the fourth respondent, conduct enquiry, take a decision and pass https://hcservices.ecourts.gov.in/hcservices/

appropriate orders in the matter of issuance of patta, within a period of 12 weeks from the date of receipt of a copy of this order.

4. With these observations, the writ petition stands disposed of. However, there shall be no orders as to costs. Sd/- Assistant Registrar(Protocol) /True Copy/ Sub-Assistant Registrar To 1.The District Collector, Trichy District.

2.The Revenue Divisional Officer, Musiri, Trichy District.

3.The Tahsildar, Taluk Office, Turaiyur, Trichy District.

+One cc to Mr.N.Mohan, Advocate, SR.No.44687 dsk RL/5C/2P/SV/MMS/SAR4/13/2/2018 ORDER MADE IN W.P(MD)No.1635 of 2018 29.01.2018 https://hcservices.ecourts.gov.in/hcservices/