The jurisdiction for the grant of patta lies with the Tahsildar, and the Sub Collector is not legally bound to decide on the application for grant of patta.

1. The petitioner has approached this Court with a prayer for issuance of a Writ in the nature of Mandamus, directing the first respondent herein to issue patta in favour of the petitioner in respect of land measuring 0.80 cents comprised in Survey No.63 situate at Kalukondapalli Village, Denkanikottai Taluk, Krishnagiri District, after cancelling the patta No.1230 issued in favour of the third respondent in respect of 0.16 cents in Survey No.63/2C2 on the basis of the petitioners representation dated 18.07.2011.

2. Section 3 of the Tamil Nadu Patta Pass-Book Act, 1983, reads as under:

"(3.) Issue of patta pass-book:(1) The Tahsildar shall issue a patta pass-book to every power in respect of land owned by him, on an application made by him in this behalf. Any application received under this section shall be acknowledged by the Tahsildar or any other officer authorized 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 issue under this Act to every owner and such owner shall apply for the issue of patta pass-book as provided under this section.

(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 requiring 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 document is produced in accordance with the notice under sub section (5), the Tahsildar or any officer authorized by him in this behalf shall give a written acknowledgment 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 prosecution and the date thereof.

(7) On receipt of the application under sub section (1) or on the basis of information obtained by the Tahsildar under clause (b) 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 representations 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 sub section (1) and in respect of whom