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2012 DIGILAW 511 (MAD)

Dilara Begum v. State of Tamil Nadu

2012-02-01

VINOD K.SHARMA

body2012
Judgment :- 1. The petitioner has approached this Court for an issuance of writ petition in the nature of mandamus, directing the respondent Nos.2 and 3, to take appropriate action on the petitioner's representation dated 29.8.2011 in accordance with law so as to correct the Patta No.2115 qua land measuring 74 cents i.e. 30.20 Ares in Survey No.306/1A, in Palanthandalam Village, Sriperumbudur Taluk, Kancheepuram District, and transfer the patta in the name of the petitioner, as absolute owner. 2. The copy of the representation made to the respondents 2 and 3 is placed on record. It is infact a legal notice, issued to the respondents. 3. On consideration, this Court finds that the writ petition is misconceived. The issuance of patta of the land, is regulated by the Tamil Nadu Pass Book Act 1983. The person, desirous of a patta, is to file a petition under section 3 of the Act to the Tahsildar. The application is to be in the form prescribed with declaration of particulars as per the prescribed format. 4. It is only, after filing of statutory petition with the Tahsildar in the prescribed form that the quasi Judicial authorities can pass order. The order passed is further subject to the statutory appeal and revision. The Act further provides the remedy of Civil Suit in case of any grievance of the party. 5. Once the statute provides a particular remedy, the writ for mandamus in this Court is not maintainable, on the basis of a legal notice issued to the authorities, without filing statutory application. The issuance of any direction to act on legal notice in absence of any petition in prescribed form would amount to illegality. The statute prescribes a procedure and the form as to how the petition is required to be filed. It is not disputed that no petition under Section 3 of the Act has been filed before the Tahsildar. In absence of statutory application, there was no occasion to issue legal notice. In absence of procedure being followed, there is no legal obligation calling for issuance of writ in the nature of mandamus.