Mr. Balaraman vs District Revenue Officer
2023 Latest Caselaw 10023 Mad

Citation : 2023 Latest Caselaw 10023 Mad
Judgement Date : 9 August, 2023

Madras High Court

Mr. Balaraman vs District Revenue Officer on 9 August, 2023

                                                                     W.P.No.21306 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              DATED : 09.08.2023

                                                    CORAM

                            THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM

                                              W.P.No.21306 of 2023

                   1. Mr. Balaraman

                   2. Mr.Munniyappan

                   3. Mrs. Chandrammal

                   4. Mr. Muniswamy

                   5. Mrs. Muniyammal

                   6. Mrs. Rajammal

                   7. Mrs. Venkattamal

                   8. Mrs. Neelamma

                   9. Mrs. Indhirani                                   ... Petitioners

                                                         Vs.

                   1. District Revenue Officer,
                   Krishnagiri District.

                   2. The Tahsildar,
                   Schoolagiri Taluk,
                   Krishnagiri District.

                   3. Badejappan

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                                                                                  W.P.No.21306 of 2023

                   4. K.Duraiswam,

                   5. Puttammal

                   6. Lakshmiyammal                                                 ... Respondents

                   Prayer:- Writ petition filed under Article 226 of the Constitution of India
                   praying for issuance of a writ of Mandamus, directing the respondent to
                   conduct a time bound enquiry into the matter subject to the land comprised
                   in survey No. 242/2A, 242/2B, 242/2C, and 242/2D and cancel the
                   wrongly issued patta in patta no. 311,288,318 and 479 issued in favour of
                   Badejappa, K.Duraiswamy, P.Puttammal and Lakshimamma and issue
                   fresh patta in favour of the petitioners.


                                  For Petitioners        : Ms.Priya VB Shettar

                                  For Respondents        :
                                  (for R1 & R2)          : Mr.D.Ravichander
                                                           Special Government Pleader



                                                         ORDER

The relief sought for in the writ petition is to direct the respondent to

conduct a time bound enquiry into the matter subject to the land comprised

in survey No. 242/2A, 242/2B, 242/2C, and 242/2D and cancel the

wrongly issued patta in patta no. 311,288,318 and 479 issued in favour of

Badejappa, K.Duraiswamy, P.Puttammal and Lakshimamma and issue

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W.P.No.21306 of 2023

fresh patta in favour of the petitioners.

2.The issues raised in the present writ petition were adjudicated by

this Court in a batch of writ petitions in W.P.Nos.262 of 2018 & etc.,

batch, and a judgment was delivered on 09.06.2023 and subsequently, a

circular dated 17.07.2023 has been issued by the Commissioner of Land

Administration in Circular No.R1/2005632/2022. The relevant paragraphs

of the judgment are extracted hereunder:

“33. In view of the anomalous situation created on account of the inconsistency in dealing with the grievances of the aggrieved persons, this Court is inclined to pass the following orders:

(1) The Commissioner of Land Administration is directed to issue orders to all the competent authorities under his control across the State of Tamil Nadu to maintain registers for entertaining the applications/ representations /appeals filed in a prescribed format by complying with the procedures under the Patta Pass Book Act, 1983 and the Rules in force.

(2) Every such application filed by the aggrieved persons are to be registered in the book of register and serial number https://www.mhc.tn.gov.in/judis

W.P.No.21306 of 2023

has to be assigned in the order of seniority and such seniority assigned must be informed/communicated to the applicants/appellants.

(3) All the applications/appeals by the respective parties are to be taken up for hearing/enquiry in the order of seniority as far as possible and without causing any discrimination amongst the similarly placed applicants/appellants. Priority for hearing/enquiry is to be granted only if the applicant/appellant is able to establish that there is a genuine urgency, which is to be recorded by the Competent authority, while taking up the matter for hearing/enquiry. All other applications/appeals are to be heard and disposed of in the order of seniority.

(4) An enquiry under the Patta Pass Book Act, 1983 is to be conducted by the competent authorities by following the procedures as contemplated under the Rules and by affording opportunity to the parties. The competent authorities shall refuse to grant unnecessary adjournments to the parties, who all are intending to prolong and protract the matter. Adjournments are to be granted on genuine grounds only by recording the reasons. Casual adjournments of hearing are to be avoided, which would cause prejudice to any one of the party.

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W.P.No.21306 of 2023

(5) All applications / appeals are to be disposed of by the competent authorities within a prescribed time limits stipulated under the Government orders or by the Commissioner of Land Administration. In the event of no time limit, the authorities are expected to pass orders within a reasonable period of time i.e., within a period of six months.

(6) The respondents are directed to relegate the parties to the Civil Court of Law, if there is any disputed facts regarding civil rights between the parties exists.

(7) The respondents are directed not to entertain applications under the Patta Pass Book Act, if the Civil Suits between the parties are pending before the Court of Law. In such circumstances, the applicants/appellants may be granted liberty to approach the competent authorities only after resolving the issues before the Civil Court of Law. The Authorities are directed to keep the revenue proceedings in abeyance till such time the civil disputes reach finality between the parties.

(8) The Commissioner of Revenue Administration is directed to issue consolidated instructions/circular to all the subordinate officials based on the orders passed by this Court and ensure proper implementation to make the public

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W.P.No.21306 of 2023

administration more efficient, since it is a Constitutional mandate.

(9) The Higher Authorities are directed to conduct periodical review to ensure that the procedures are followed scrupulously and in the event of any lapses, negligence or dereliction of duty on the part of the authorities, appropriate disciplinary actions are to be initiated under the Service Rules.

(10) The competent authorities are directed to pass speaking orders and communicate the same to all the parties concerned in the manner prescribed under the Rules of Public Administration.”

3.In view of the fact that the case of the petitioner is also similar to

that of the cases (cited supra), the case of the petitioner is also to be

considered on the same line. Sub Collector/ Revenue Divisional Officer is

directed to dispose of the application within a period of twelve (12) weeks

from the date of receipt of a copy of this order since the application

submitted by the petitioner is pending for the past five years.

4. Accordingly, this writ petition stands disposed of. No costs.

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W.P.No.21306 of 2023

09.08.2023 Index : Yes Speaking Order Neutral Citation : Yes (sha)

1. District Revenue Officer, Krishnagiri District.

2. The Tahsildar, Schoolagiri Taluk, Krishnagiri District.