Madras High Court
S.Susila vs The Secretary on 31 March, 2023
Author: M.S.Ramesh
Bench: M.S. Ramesh
W.P.No.10080 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 31.03.2023
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH
W.P.No.10080 of 2023
S.Susila ...Petitioner
Vs
1.The Secretary,
Revenue Department,
Secretariat, St.George Fort,
Chennai – 600 009.
2.The District Collector,
Office of the District Collectorate,
Villupuram District, Villupuram.
3.The Sub Collector,
Office of the Sub Collectorate,
Jeggampet, Tindivanam Town & Taluk,
Villupuram District.
4.The Tahsildar,
Office of the Taluk Office,
Gingee Taluk – 604 202,
Villupuram District.
5.The Zonal Deputy Tahsildar,
Office of the Taluk Office,
Gingee Taluk – 604 202,
Villupuram District.
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W.P.No.10080 of 2023
6.The Revenue Inspector,
Office of the Revenue Inspector,
Chakkarapuram,
Gingee Town and Taluk, Pin 604 202,
Villupuram District.
7.The Village Administrative Officer,
Office of the VAO,
Konai Village and Post,
Gingee Taluk, Villupuram District.
8.The Head Surveyor,
Office of the Survey Department,
Gingee Taluk Office Campus,
Gingee Town and Taluk, Pin 604 202,
Villupuram District.
9.The Firka Surveyor,
[Konai Village Firka Surveyor],
Office of the Survey Department,
Gingee Taluk Office Campus,
Gingee Taluk, Pin 604 202,
Villupuram District. ...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India to issue a Writ of Mandamus, directing the 4th respondent to
consider the petitioner's representation dated 16.05.2022.
For Petitioner : Mr.P.Thirumalai
For Respondents : Mr.Yogesh Kannadasan
Special Government Pleader
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W.P.No.10080 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 grievance of the petitioner is that her representation seeking issuance of separate patta has not been considered in time and hence, she has preferred the present Writ Petition.
3. The learned Special Government Pleader submitted that the relevant form, namely Form VI, has now been uploaded in the Registration Department's website and that the petitioner can apply through online, for rectification of entries.
4. The Tamil Nadu Patta Pass Book Act prescribes the mode of making an application for carrying out modifications of entries in the patta pass book to be in Form VI, as specified under Section 10 of the Tamil Nadu Patta Pass Book Act, 1983 [hereinafter referred to as 'the Act'], read with Rule 12 of the Tamil Nadu Patta Pass Book Rules, 1987 [hereinafter referred to as 'the Rules']. 3/7 https://www.mhc.tn.gov.in/judis W.P.No.10080 of 2023
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 VI through online, as specified under Section 10 of the Act, read with Rule 12 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 third respondent herein 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 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. 4/7 https://www.mhc.tn.gov.in/judis W.P.No.10080 of 2023
7. With the above directions, the Writ Petition stands disposed of. No costs.
31.03.2023 Index:Yes/No Neutral Citation:Yes/No Speaking order/Non-speaking order hvk To
1.The Secretary, Revenue Department, Secretariat, St.George Fort, Chennai – 600 009.
2.The District Collector, Office of the District Collectorate, Villupuram District, Villupuram.
3.The Sub Collector, Office of the Sub Collectorate, Jeggampet, Tindivanam Town & Taluk, Villupuram District.
4.The Tahsildar, Office of the Taluk Office, Gingee Taluk – 604 202, Villupuram District.
5.The Zonal Deputy Tahsildar, Office of the Taluk Office, Gingee Taluk – 604 202, Villupuram District.
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6.The Revenue Inspector, Office of the Revenue Inspector, Chakkarapuram, Gingee Town and Taluk, Pin 604 202, Villupuram District.
7.The Village Administrative Officer, Office of the VAO, Konai Village and Post, Gingee Taluk, Villupuram District.
8.The Head Surveyor, Office of the Survey Department, Gingee Taluk Office Campus, Gingee Town and Taluk, Pin 604 202, Villupuram District.
9.The Firka Surveyor, [Konai Village Firka Surveyor], Office of the Survey Department, Gingee Taluk Office Campus, Gingee Taluk, Pin 604 202, Villupuram District.
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