Madras High Court
Madhesan vs The District Collector on 10 August, 2023
2023:MHC:3701
WP No.14659 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10-08-2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
WP No.14659 of 2023
Madhesan ... Petitioner
Vs.
1.The District Collector,
O/o.The District Collector,
Salem District,
Salem.
2.The Revenue Divisional Officer,
O/o.The Revenue Divisional Officer,
Mettur Dam-636 401,
Salem District.
4.The Tahsildar,
Mettur Taluk Office,
Mettur Dam-636 401,
Salem District. ... Respondents
Page 1 of 8
https://www.mhc.tn.gov.in/judis
WP No.14659 of 2023
Prayer: Writ Petition filed under Article 226 of the Constitution of India
for issuance of a Writ of Mandamus, directing the first respondent to issue
the computer patta to the petitioner in respect of the property in S.Nos.586/8
to the extent of 0.55.5 Hectors and S.No.587/2 to the extent of 0.53.0
Hectors in respect of patta No.1763, which is situated at Kaveripuram
Village, Mettur Taluk, Salem District based on the representation of the
petitioner dated 29.03.2023.
For Petitioner : Mr.B.Sridhar for
Mr.M.Senthilkumar
For Respondents : Mr.G.Krishna Raja,
Additional Government Pleader.
ORDER
The relief sought for in the present writ petition is to direct the
first respondent to issue the computer patta to the petitioner in respect of the
property in S.Nos.586/8 to the extent of 0.55.5 Hectors and S.No.587/2 to
the extent of 0.53.0 Hectors in respect of patta No.1763, which is situated at
Kaveripuram Village, Mettur Taluk, Salem District based on the
representation of the petitioner dated 29.03.2023.
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WP No.14659 of 2023
2. The issues raised in the present writ petition were
adjudicated by this Court in a batch of writ petitions in WP No.262 of 2018
etc. batch [D.Tulasi vs. The District Revenue Officer, Dharmapuri] and
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 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
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WP No.14659 of 2023
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
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WP No.14659 of 2023
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 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.
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WP No.14659 of 2023
(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.”
3. In view of the fact that the case of the petitioner is also
similar to that of the cases (cited supra), the present writ petition is also to
be considered on the same line.
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WP No.14659 of 2023
4. Accordingly, the present writ petition stands disposed of.
However, there shall be no order as to costs.
10-08-2023
Index : Yes/No
Internet: Yes/No
Speaking order/Non-Speaking order
Neutral Citation : Yes/No
Svn
To
1.The District Collector,
O/o.The District Collector,
Salem District,
Salem.
2.The Revenue Divisional Officer,
O/o.The Revenue Divisional Officer,
Mettur Dam-636 401,
Salem District.
4.The Tahsildar,
Mettur Taluk Office,
Mettur Dam-636 401,
Salem District.
https://www.mhc.tn.gov.in/judis
WP No.14659 of 2023
S.M.SUBRAMANIAM, J.
Svn
WP 14659 of 2023
10-08-2023
https://www.mhc.tn.gov.in/judis
