Madras High Court
Pratap K.Moturi vs The Tahsildar on 9 June, 2021
WP No.12250 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09-06-2021
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
WP No.12250 of 2021
And
WMP No.13023 of 2021
Pratap K.Moturi .. Petitioner
vs.
The Tahsildar,
Poonamallee Taluk,
Poonamallee. .. Respondent
Writ Petition is filed under Article 226 of the Constitution of
India, praying for the issuance of a Writ of Mandamus, directing the
respondent herein to consider the petitioner's application for grant of patta
dated 22.04.2021 for the property situated at Puliyambedu Village, Numbal
Madura comprised in Survey No.11/1 and 11/2, Poonamallee Taluk,
Thiruvallur District measuring 4 acres.
For Petitioner : Mr.J.Pothi Raj for
Mr.A.S.Balaji.
1/6
https://www.mhc.tn.gov.in/judis/
WP No.12250 of 2021
For Respondent : Dr.S.Suriya,
Government of Tamil Nadu
(Civil Side).
ORDER
A direction is sought for to consider the application submitted
by the writ petitioner for grant of patta on 22.04.2021 for the property
situated at Puliyambedu Village, Numbal Maddura comprised in Survey
No.11/1 and 11/2, Poonamallee Taluk, Thiruvallur District measuring 4
acres.
2. The petitioner states that his father executed a Will on
20.05.1983.
3. Pursuant to the Will, the petitioner filed OP No.761 of 2004
before the High Court for issuance of Letters of Administration. There was
an objection for grant of Letters of Administration and thus, the Original
Petition was converted into TOS No.73 of 2013. The said TOS was allowed
by the High Court on 30.01.2018 and OSA No.19 of 2019 was filed. The
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WP No.12250 of 2021
said OSA No.19 of 2019 was dismissed on 17.02.2020.
4. Based on the judgments, the Deputy Inspector General of
Registration by proceedings dated 17.02.2021, directed the Sub Registrar,
Kundrathur to lodge a police complaint against the persons created
fabricated documents and a police complaint was also lodged accordingly.
Under these circumstances, the petitioner filed an application for grant of
patta on 22.04.2021, which is yet to be considered.
5. Patta Pass Book is to be granted by following the procedures
contemplated under the Tamil Nadu Patta Pass Book Act, 1983. The owner
of the property may file an application for grant of Patta Pass Book and the
Authority Competent for issuance of Patta Pass Book is the Tahsildar under
Section 3 of the said Act.
6. On receipt of the application, the Tahsildar, having
jurisdiction, is empowered to deal with the application by conducting an
enquiry by affording opportunity to all the parties concerned.
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WP No.12250 of 2021
7. In the event of any dispute, then the parties must be directed
to resolve the dispute through the competent Civil Court of Law.
8. In the present case, the learned counsel for the petitioner
states that the Original Petition, which was converted as TOS No.73 of
2013, was allowed by the High Court and the OSA filed by the opposite
parties was dismissed. Therefore, all these documents are to be considered
by the authorities concerned and appropriate actions are to be initiated.
9. It is made clear that an enquiry is to be conducted with
reference to the documents to be produced by the parties concerned and the
ownership is to be ascertained and thereafter, the application is to be
disposed of in accordance with the provisions of the Patta Pass Book Act,
1983.
10. This being the procedures contemplated under the Act, the
respondent is directed to look into the application submitted by the writ
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WP No.12250 of 2021
petitioner on 22.04.2021 and initiate action as expeditiously as possible.
11. The application, filed seeking patta, is to be disposed of at
the earliest possible, in order to avoid inconvenience to the owners of the
property and an enquiry is to be conducted by affording opportunity to all
the parties concerned. Thus, the application submitted by the writ petitioner
is also to be considered in the order of seniority and the same is to be
disposed of as expeditiously as possible.
12. With the above directions, the writ petition stands disposed
of. However, there shall be no order as to costs. Consequently, connected
miscellaneous petition is closed.
09-06-2021
Index : Yes/No.
Internet : Yes/No.
Speaking Order/Non-Speaking Order.
Svn
To
The Tahsildar,
Poonamallee Taluk,
Poonamallee.
https://www.mhc.tn.gov.in/judis/
WP No.12250 of 2021
S.M.SUBRAMANIAM, J.
Svn
WP No.12250 of 2021
09-06-2021
https://www.mhc.tn.gov.in/judis/
