Madras High Court
D.Parthasarathy vs The District Collector on 12 April, 2023
Author: M.S.Ramesh
Bench: M.S. Ramesh
W.P.No.11242 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.4.2023
CORAM :
THE HONOURABLE MR. JUSTICE M.S. RAMESH
W.P.No.11242 of 2023
D.Parthasarathy ...Petitioner
Vs
1.The District Collector,
Ranipet District,
Ranipet-632401.
2.The Tahsildar, Sholinghur
Taluk, Ranipet District.
3.The Village Administrative Officer,
Kunnathur Village, Sholinghur
Taluk, Ranipet District. ...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India to issue a Writ of Mandamus directing the respondents to consider
the petitioner's representation dated 01.08.2022 and issue necessary patta
for the property bearing Plot No.49 in Jai Santhosh Nagar Layout
comprised in Survey No.17/3, Kunnathur Village, Sholinghur Taluk,
Ranipet District to the petitioner.
For Petitioner : Mr.C.John Christopher
For Respondents : Mr.Yogesh Kannadasan,
Special Government Pleader
1/5
https://www.mhc.tn.gov.in/judis
W.P.No.11242 of 2023
ORDER
With the consent of both the parties, this Writ Petition is taken up for final disposal at the admission stage itself.
2. The petitioner herein had given a representation dated 01.08.2022 to the first respondent to issue patta to him for the property in Plot No.49, Jai Santhosh Nagar Layout comprised in Survey No.17/3, Kunnathur Village, Sholinghur Taluk, Ranipet District. Since the said representation has not yet been considered, the above writ petition has been filed.
3. The learned Special Government Pleader submitted that the relevant form, namely Form II, has now been uploaded in the Registration Department's website and that the petitioner can apply through online.
4. The Tamil Nadu Patta Pass Book Act prescribes the mode of making an application for issuance of Patta to be in Form II, as specified under Section 3(4) of the Patta Pass Book Act, 1983 [hereinafter referred 2/5 https://www.mhc.tn.gov.in/judis W.P.No.11242 of 2023 to as 'the Act'], read with Rule 3(2) of the Tamil Nadu Patta Pass Book Rules, 1987 [hereinafter referred to as 'the Rules'], within a period of 30 days from the date specified in the notice under Section 3(3) of the Act.
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 II through online, as specified under Section 3(4) of the Act, read with Rule 3(2) 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 Tahsildar concerned shall consider it on its own merits and in accordance with the 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 3/5 https://www.mhc.tn.gov.in/judis W.P.No.11242 of 2023 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.
12.4.2023 Index:Yes/No Speaking order/Non-speaking order To
1.The District Collector, Ranipet District, Ranipet-632401.
2.The Tahsildar, Sholinghur Taluk, Ranipet District.
3.The Village Administrative Officer, Kunnathur Village, Sholinghur Taluk, Ranipet District.
RS/hvk 4/5 https://www.mhc.tn.gov.in/judis W.P.No.11242 of 2023 M.S.RAMESH,J.
RS/hvk W.P.No.11242 of 2023 12.4.2023 5/5 https://www.mhc.tn.gov.in/judis