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2014 DIGILAW 180 (MAD)

P. Saminathan v. District Collector, Tirupur

2014-01-27

M.VENUGOPAL

body2014
JUDGMENT 1. The petitioner has filed the instant Writ of Mandamus praying for passing of an order of this Court and directing the respondents to consider the representation, dated 03.12.2012 for issuance of notice to participate in the enquiry which would be conducted by the respondent while deciding the patta in respect of the property bearing Survey No. 184/1 Maadhapur Village measuring an extent of 7 acres and 57 cents and thus render justice. 2. The property in Maadhapur Village bearing S.No. 184/1 measuring an extent of 7 acres and 56 cents belongs to the petitioner and his brother's wife. The said property was purchased by the petitioner and his brother's wife on 27.12.1981. From the date of purchase, they were in possession and enjoyment of the property. The National Highways Department had acquired 3 acres and 60 cents in the aforesaid property. The Revenue Authorities issued notice to the petitioner and his brother's wife before acquisition and the petitioner and others took part in the enquiry. The Revenue Authorities passed an award. Due to the non compliance of the award amount by the Revenue Authorities, the petitioner gave a representation to refer the matter to the Sub Court. Then the case was numbered in Sub Court as L.A.O.P.No. 2 of 2011 praying for enhancement of compensation. Before acquisition, the authorities after due verification of revenue records and considering the petitioner's possession and enjoyment had issued notice and passed the award. While that being the fact, one Chellammal @ Chellathal who is no way connected with the property in question filed a suit against some third persons and obtained a decree on the file of Sub Judge, Tirupur as if she is entitled to the property on the basis of the Will. Thereafter, the said Chellammal @ Chellathal sent a representation to the respondent to transfer patta in her favour. The alleged Will is a forged one and the decree obtained by the said Chellammal is not binding on the petitioner, in as much as the petitioner is not a party to the suit filed by the said Chellammal. By suppressing the true facts, the said Chellammal has given a representation to the respondents on the basis of the forged documents claiming patta. 3. By suppressing the true facts, the said Chellammal has given a representation to the respondents on the basis of the forged documents claiming patta. 3. The petitioner has submitted a representation to the respondents on 03.12.2012 praying for an opportunity being provided to him before taking decision in the matter for obtaining patta and to allow him to participate in the enquiry along with the documents which are in his possession and to consider the objections to be raised by the petitioners. 4. The limited prayer of the petitioner in the Writ Petition is to consider his representation, dated 03.12.2012 for issuance of notice to participate in the enquiry which would be conducted by the second respondent / Tahsildar, Palladam, while deciding, the patta in respect of the property bearing S.No. 184/1 Maadhapur Village, measuring an extent of 7 acres and 57 cents. 5. It is to be noted that Section 2(10) of the Tamil Nadu Patta Pass Book Act speaks of 'Tahsildar means - the Tahsildar having jurisdiction over the area in which the land is situated or any other officer of the Revenue Department not below the rank of Deputy Tahsildar authorised by the Government etc'. 6. Section 3 of the Act deals with 'issue of patta pass book'. Section 4 deals with 'presumption of correctness of entries in the patta pass book'. 7. Section 10 deals with 'modification of entries in the patta pass book'. Section 6 enjoys ' entries in the patta pass book to be prima facie evidence of title'. In fact Section 5 of the Act refers by 'making of entries of registration of alienation or transfer in the patta pass book'. 8. It is to be borne in mind the Tamil Nadu Patta Pass Book Act 1983 is an inbuilt and self contained Act. That apart, the Tamil Nadu Patta Pass Book Rules 1987, especially Rule 4 speaks of 'procedure on receipt of application or information'. 9. 8. It is to be borne in mind the Tamil Nadu Patta Pass Book Act 1983 is an inbuilt and self contained Act. That apart, the Tamil Nadu Patta Pass Book Rules 1987, especially Rule 4 speaks of 'procedure on receipt of application or information'. 9. To put it more precisely Rule 4(2) of the Tamil Nadu Patta Pass Book Rules 1987 says that 'on the basis of the information furnished in the application and as available in the existing land records or obtained otherwise, the Tahsildar shall cause to be served or despatched, under certificate of posting, to the persons having interest on the land a notice in Form-IV calling upon them to make representation either orally or in writing at a specified place on a specified date which shall be not less than fifteen days and forty days later than the date of receipt of the application or information'. Further, Rule 4(2)(3) deals with a conduct of summary enquiry by the Tahsildar. 10. Rule 4(4) envisages in case of dispute concerning ownership of patta is already pending in a Court or issues are raised before him which impinge on personal law or laws of succession and all the parties interested do not agree on the ownership in writing, he shall direct the concerned parties to obtain a ruling on ownership from a competent Civil Court having jurisdiction before changing the entries as already recorded and existing in the various revenue records. 11. Rule 4(6) visuvalises that the Tahsildar shall pass an order within fifteen days of completion of such enquiry and the written order shall be communicated to the parties concerned under certificate of posting or served on them in person. A copy of the same s hall be sent to the office of the Sub-Registrar in the area. 12. To put it succinctly, Rule 4 of the Tamil Nadu Patta Pass Book Rules 1987, as (7) Sub Rules and as such it is the duty of the Tahsildar to follow the procedure prescribed under the Tamil Nadu Patta Pass Book Rules while making enquiry / deciding the issue of grant of patta in respect of any property in question. To put it succinctly, Rule 4 of the Tamil Nadu Patta Pass Book Rules 1987, as (7) Sub Rules and as such it is the duty of the Tahsildar to follow the procedure prescribed under the Tamil Nadu Patta Pass Book Rules while making enquiry / deciding the issue of grant of patta in respect of any property in question. When the Tamil Nadu Patta Pass Book Act 1983 and more so, the Tamil Nadu Patta Pass Book Rules 1987 are quite explicit and admits of no exception, then it is otiose for the petitioner to seek an order from this Court in regard to the issuance of direction to the respondents to consider his representation, dated 03.12.2012 for issuance of notice to participate in the enquiry which would be conducted by the respondent while deciding the subject matter of patta in issue. Even otherwise to prevent an aberration of justice and to promote substantial cause of justice, this Court directs the respondents to consider the representation, dated 03.12.2012 for issuance of notice to participate in the enquiry in regard to the issue of grant of patta in respect of property bearing S.No. 184/1 measuring an extent of 7 acres and 57 cents in a fair, just and objective fashion by keeping in mind the well laid down provisions of the Tamil Nadu Patta Pass Book Act 1983 and the Rules 1987 made therein, within a period of six weeks from the date of receipt of a copy of this order. (Of-course if need be to provide an opportunity for hearing to the petitioner by adhering to the principles of natural justice). 13. With the aforesaid directions, the Writ Petition stands disposed of. No costs.