Madras High Court
Balaraman vs The Tahsildar on 10 August, 2023
W.P.No.23437 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.08.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.23437 of 2023
Balaraman ... Petitioner
Vs.
1.The Tahsildar,
Kalasapakkam,
Thiruvannamalai District.
2.Subramani ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Mandamus, forbearing the 1st respondent from patta
transfer to the 2nd respondent in respect of Melsolakuppam Village,
S.No.162/8C, 0.18 cents in light of guidelines followed in similar Writ
Petition No.17890 of 2023 dated 20.06.2023.
For Petitioner : Mr.P.Ganapathy
For R1 : Mr.C.Jayaprakash
Government Advocate
ORDER
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W.P.No.23437 of 2023
The relief sought for in the present writ petition is to forbear the 1st
respondent from transferring the patta to the 2nd respondent in respect of the
land in S.No.162/8C to an extent of 0.18 cents in Melsolakuppam Village in
the light of the guidelines followed in similar Writ Petition in W.P.No.17890
of 2023 dated 20.06.2023.
2.The issues raised in the present writ petition were adjudicated by
this Court in a batch of writ petitions in W.P.No.262 of 2018 [D.Tulasi Vs.
The District Revenue Officer, Dharmapuri] etc., and batch, and a judgment
was delivered on 09.06.2023. 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 above said 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
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W.P.No.23437 of 2023
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
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.
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W.P.No.23437 of 2023
(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.
(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.
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W.P.No.23437 of 2023
(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
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
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W.P.No.23437 of 2023
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.
4.Accordingly, this Writ Petition stands disposed of. No costs.
10.08.2023
Index : Yes/No
Speaking order/Non-Speaking Order
Neutral Citation : Yes /No
cse
To
The Tahsildar,
Kalasapakkam,
Thiruvannamalai District.
https://www.mhc.tn.gov.in/judis
W.P.No.23437 of 2023
S.M.SUBRAMANIAM, J.
cse
W.P.No.23437 of 2023
10.08.2023
https://www.mhc.tn.gov.in/judis
