IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 11.07.2011 CORAM THE HONOURABLE MR.JUSTICE P.JYOTHIMANI W.P.No.12744 of 2011 and M.P.NOS.1 & 2 of 2011 1.J.Kuppusamy 2.J.Kannabiran .. Petitioners -Vs.- 1.The Collector (Revenue Department) Thiruvannamalai District, Thiruvannamalai. 2. Tahsildar, Polur Taluk, Thiruvannamalai District. 3. Thirumathi Muniammal ... Respondents PRAYER: Petition under Article 226 of The Constitution of India praying for the issuance of a Writ of mandamus directing the 1st and 2nd respondents to pass necessary orders for grant of patta in favour of the petitioners in respect of the properties here under. "Thiruvannamalai District, Cheyar-Revenue District, Kalambur Sub Registrar Office, Polur Taluk, Kalvasal Village and Post. 1.Punjai Survey No.323/1-0.76 cents (0.31.0 Hectare) 2. Punjai Survey No.323/2 -0.23 cents (0.09.5 Hectare) 3. Punjai Survey No.323/8 – 0.98 cents (0.39.5 Hectare) Totally -1.97 cents (0.80.0 Hectare) 4.0.01¾ share in common 4 share of well and 5 H.P. in 0.11 cents, survey No.320 5.A common pathway in 11 cents in Survey No.320/1" as per settlement deed dated 13.04.2009 document No.651/2009 registered at Kalambur Sub Registrar office, Polur Taluk, Thiruvannamalai District. For Petitioner :Mr.M.Devadoss For Respondent No.1& 2 :Ms.P.Kavitha Government Advocate For Respondent No.3: Mr.M.V.Muralidharan - - - O R D E R The petitioners claim to be the owners of the following https://hcservices.ecourts.gov.in/hcservices/ properties viz.,(1)Punjai Survey No.323/1-0.76 cents (0.31.0 Hectare) (2) Punjai Survey No.323/2-0.23 cents (0.09.5 Hectare) (3)Punjai Survey No.323/8 – 0.98 cents (0.39.5 Hectare) Totally -1.97 cents (0.80.0 Hectare) (4).0.01¾ share in common 4 share of well and 5 H.P. in 0.11 cents, survey No.320 and (5) A common pathway in 11 cents in Survey No.320/1, under a settlement deed stated to have been executed by their father on 13.04.2009 under Document No.651 of 2009 registered at Kalambur Sub Registrar Office, Polur Taluk, Thiruvannamalai District. 2. The case of the petitioners is that the third respondent is attempting to encroach upon the common passage between the property under dispute and the property of the third respondent, who is the adjacent owner. Therefore, the petitioners have applied for issuance of patta, based on the settlement deed, to the Tahildar, and the said application is stated to have been given on the Grievance Day before the Tahsildar on 30.09.2010. Since no order has been passed for the purpose of issuance of patta, the present writ petition has been filed for a direction. 3. According to the petitioners, the petitioners have substantiated their case by producing documents including the settlement deed and also the Encumbrance Certificate which shows the earlier partition deed which has taken place between the father of the petitioner and others. Therefore, according to the petitioners, they are the lawful owners of the property. 4. For the purpose of issuance of patta, under Section 3 of the Tamil Nadu Patta Passbook Act, 1983, the Tahsildar has to consider the application made by any person by publication of notice in each village in public containing the particulars relating to the properties and after receiving any objections from the authorities concerned, on enquiry, the Tahildar shall decide about the issuance of patta. It is also stated that on enquiry, if the Tahsildar is not satisfied that a person is not the owner of any land, for which, patta is applied for, he shall for the reasons recorded, reject the application. Thereafter, the Tahsildar shall make the entries in the register, regarding the patta. 5. On the facts of the present case, it is the case of the petitioners that the third respondent is interfering with the possession of the petitioners, which according to the petitioners, is unlawful, since the petitioners are having valid documents. Inasmuch as the petitioners have made an application to the the second respondent-Tahsildar herein for issuance of patta, it is for the Tahsildar to conduct an enquiry in the manner known to law, especially by following the provisions contained in the Patta Passbook Act and after conducting proper enquiry, The Tahsildar shall pass appropriate orders within a period of twelve weeks from the date of receipt of a copy of this order. While passing such an order, the Tahsildar shall give an opportunity to the petitioners as well as to the third respondent. Till the second respondent passes an order, after giving opportunity, the status-quo which remains as on date shall prevail. https://hcservices.ecourts.gov.in/hcservices/ 6. The writ petition is disposed of accordingly. No costs. Consequently, M.P.Nos.1 and 2 are closed. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar VJY To 1.The Collector (Revenue Department) Thiruvannamalai District, Thiruvannamalai. 2.The Tahsildar, Polur Taluk, Thiruvannamalai District. +1cc to Govt. Pleader Sr 40958 +1cc to Mr.M.V.Muralidaran,Advocate Sr 40690 MSM(CO) km/25.7. W.P.NO.12744 of 2011 and M.P.Nos.1 & 2 of 2011 https://hcservices.ecourts.gov.in/hcservices/