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2012 DIGILAW 2001 (MAD)

K. Palaniammal v. Tahsildar, Harur Taluk Office, Dharmapuri Dist

2012-04-20

VINOD K.SHARMA

body2012
Judgment :- 1. The petitioner prays for issuance of a writ in the nature of Mandamus, directing the respondents to dispose of the representation of the petitioner dated 01/02/2012, addressed to the Zonal Deputy Tahsildar, requesting for grant of patta. 2. It is pleaded by petitioner, that the petitioner applied to respondent no.1 for grant of patta, for the land falling in S.No.52/2B. The petitioner has purchased this land from M. Dhanapal vide sale deed dated 20.09.2011 and rectification deed dated 11.10.2011. 3. It is submission of petitioner that in spite of sale by Mrs.Vellachiyammal to Mr.M.Dhanapal, the vendor of the petitioner, the patta was wrongly shown in the name of Mr.M.Dhanapal and Marigounder. 4. Mrs.Amirtham and her sons had filed R.E.P.No.288/97 in O.S.No.27/87 to auction the property of judgment debtor and the petition was allowed by the District Munsif, Harur on 12.01.2005. 5. It is submitted by the petitioner, that there is no legal disputes with regard to the land in S.No.52/2B, therefore, the petitioner was entitled to grant of patta in his name. The petitioner, therefore, filed a representation to respondent no.2. 6. The grant of patta is governed by the Tamil Nadu Patta Pass Book Act, 1983 (hereinafter referred to as "Act"). Section 3 of the Act reads as under: "3. Issue of Patta Pass-Book-xc (1) The Tahsildar shall issue a patta pass-book to every owner in respect of land owned by him, on an application made by himin this behalf. Any application received under this section shall be acknowledged by the Tahsildar or any other officer authorised by him in this behalf. (2) A taluk shall be the unit for the issue of patta pass-book. (3) (a) As soon as may be, after the publication of the notification under sub-section (3) of section 1 bringing this section into force in an area and before undertaking the work relating to the issue of patta pass-book, the Tahsildar shall publish a notice in each village in such area informing the public that patta pass-book is to be issued under this Act to every owner and such owner shall apply for the issue of patta pass-bok as provided under this section. (b) The notice shall contain such further particulars and shall be published in such manner, as may be prescribed. (b) The notice shall contain such further particulars and shall be published in such manner, as may be prescribed. (4) The application under sub-section (1) shall be in such form, shall contain such declaration and particulars, and shall be made in such manner and within such time, as may be prescribed. (5) In cases where no application has been made by any owner within the time-limit referred to in sub-section (4) in respect of any land, the Tahsildar shall, based on the entries made in the records available in his office, cause a notice to be served on the owner of the land concerned required him to furnish any information or produce any document for his inspection and also to make his representation, if any, in writing for making necessary entries in respect of the land concerned in the Register of Patta Pass-Book maintained by him and for the purpose of issuing the patta pass-book. (6) (a) Any owner on whom a notice has been served under sub-section (5) shall be bound to furnish or produce for the inspection of the Tahsildar within such time as may be specified in such notice or within such further time not exceeding thirty days as the Tahsildar may, in his discretion, allow such information or documents, needed for making necessary entries in the register of Patta Pass-Book in respect of the land concerned or for the purpose of issuing the patta pass-book, as may be within his knowledge or in his possession or power. (b) Where, any information is furnished or any documents is produced in accordance with the notice under sub-section (5), the Tahsildar or any officer authorised by him in this behalf shall give a written acknowledgement thereof to the person furnishing or producing the same and shall endorse on such document a note under his signature stating the fact of its production and the date thereof. (7) On receipt of the application under sub-section (1) of on the basis of information obtained by the Tahsildar under clause 9b) of sub-section (6), the Tahsildar shall follow such procedure as may be prescribed and shall also give a reasonable opportunity to the persons having interest in the land to make their representation either orally or in writing. (7) On receipt of the application under sub-section (1) of on the basis of information obtained by the Tahsildar under clause 9b) of sub-section (6), the Tahsildar shall follow such procedure as may be prescribed and shall also give a reasonable opportunity to the persons having interest in the land to make their representation either orally or in writing. After considering the claims of the persons having interest in the land, the Tahsildar shall determine as to whom the patta pass-book is to be issued and shall issue a patta pass-book accordingly to the owner of the land concerned. Provided that in the case of any owner who has not made an application under subsection (1) and in respect of whom a notice has been served under sub-section (5), no patta pass-book shall be issued by the Tahsildar unless a declaration in the prescribed form is filed by the owner concerned before the Tahsildar. Provided further that in any case where the Tahsildar is satisfied that any person is not the owner of any land for which a patta pass-book is aplied for or claimed, he shall for reasons to be recorded in writing reject the application or claim, for the issue of a patta pass-book in respect of such land. (8) The patta pass-book shall be in such form as may be prescribed and contain the following particulars, namely:- (a) the survey number or sub-division number, extent and local name, if any, of the land; (b) the name and address of the owner; (c) such other particulars as may be prescribed. (9) While issuing a patta pass-book under this section the Tahsildar shall cause all the entries and particulars as contained in such patta pass-book, to be made in the Register of Patta Pass-Book maintained in the office of the Tahsildar for the purpose of record. The Register of Patta Pass-Book shall be in such form and maintained in such manner, as may be prescribed. (10) The patta pass-book shall be issued under this section on payment of such fee as may be prescribed." 7. A reading of Section 3 of the Act and the Rules framed under the Act show, that the application for grant of patta is to be filed in statutory form prescribed under the Act. The application made under the Statute can only be considered by the statutory authority, exercising statutory jurisdiction under the Act. A reading of Section 3 of the Act and the Rules framed under the Act show, that the application for grant of patta is to be filed in statutory form prescribed under the Act. The application made under the Statute can only be considered by the statutory authority, exercising statutory jurisdiction under the Act. 8. The representation filed by petitioner, therefore, is not maintainable, as the quasi judicial powers cannot be exercised on the representation. This Court, in exercise of writ jurisdiction, therefore, cannot issue direction to the respondent nos.1 and 2 to take a decision on the representation of the petitioner, being not in accordance with the procedure under the Act and the Rules. 9. The petitioner, if so advised, can avail his statutory remedy under the Act. 10. No merits. Dismissed. 11. No costs.