Madras High Court
V.Thangaraj vs The Thasildhar on 10 August, 2023
2023:MHC:3851
W.P.No.15674 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.08.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.15674 of 2021
V.Thangaraj ... Petitioner
Vs.
1.The Thasildhar,
Kallakurichi Taluk,
Kallakurichi – 606 202.
2.Kaliyamoorthi ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Mandamus, directing the 1st respondent to dispose the
petitioner representation dated 16.04.2021 regarding issuance of separate
patta in S.No.86/1 measuring about 2.24 acres out of 3 acre 57 cents situated
at Varadhappanur Village, Kallakurichi Taluk and District.
For Petitioner : Mr.R.Kumaravel
For R1 : Mr.G.Krishna Raja
Additional Government Pleader
For R2 : Ms.R.Divya Preathika
Page 1 of 7
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W.P.No.15674 of 2021
ORDER
The relief sought for in the present writ petition is to direct the 1st
respondent to dispose of the petitioner's representation dated 16.04.2021
regarding issuance of separate patta in S.No.86/1 measuring about 2.24 acres
out of 3 acre 57 cents situated at Varadhappanur Village, Kallakurichi Taluk
and District.
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.15674 of 2021
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.
(4) An enquiry under the Patta Pass Book Act, 1983 is to be
conducted by the competent authorities by following the
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W.P.No.15674 of 2021
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.
(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
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W.P.No.15674 of 2021
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 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.”
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W.P.No.15674 of 2021
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
Jeni
Index : Yes
Speaking order
Neutral Citation : Yes
To
The Thasildhar,
Kallakurichi Taluk,
Kallakurichi – 606 202.
https://www.mhc.tn.gov.in/judis
W.P.No.15674 of 2021
S.M.SUBRAMANIAM, J.
Jeni
W.P.No.15674 of 2021
10.08.2023
https://www.mhc.tn.gov.in/judis
