Madras High Court

V.Dharmadhas vs The District Collector on 10 August, 2023

    2023:MHC:3655

                                                                                WP No.13060 of 2023

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 10-08-2023

                                                         CORAM

                              THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

                                                    WP No.13060 of 2023



                     V.Dharmadhas                                            ... Petitioner


                                                            Vs.


                     1.The District Collector,
                       District Collector Office,
                       Kanyakumari District.

                     2.Adi Dravida and Tribal Welfare Officer,
                       The Secretariat,
                       St. George Fort,
                       Chennai-01.

                     3.The Home Secretary,
                       The Secretariat,
                       St. George Fort,
                       Chennai-01.

                     4.District Adi Dravida and Tribal Welfare Department,
                       Collector Office,
                       Kanyakumari District.




                     Page 1 of 9



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                                                                                     WP No.13060 of 2023

                     5.The Special Tahsildar,
                       Adi Dravida and Tribal Welfare Department,
                       Kanyakumari District.

                     6.The Head Surveyor,
                       Agastheeswaram Taluk,
                       Kanyakumari District.                               ... Respondents


                     Prayer: Writ Petition filed under Article 226 of the Constitution of India for
                     issuance of a Writ of Mandamus, directing the first respondent to process
                     the application for subdivision patta transfer application No.2019/
                     9005/30/083109/0618 dated 18.06.2019 for subdivision patta transfer from
                     joint Patta and issue separate patta to the petitioner lands, comprised in
                     Survey No.373/1,       situated   in   Athiyadi   Colony, Marungoor         Post,
                     Agastheeswaram Taluk, Kanyakumari District.

                                   For Petitioner            : Mr.S.Prabhakar

                                   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 process the application for subdivision patta transfer

application No.2019/ 9005/30/083109/0618 dated 18.06.2019 for

subdivision patta transfer from joint Patta and issue separate patta to the

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petitioner lands, comprised in Survey No.373/1, situated in Athiyadi Colony,

Marungoor Post, Agastheeswaram Taluk, Kanyakumari District.

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

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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

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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.

(7) The respondents are directed not to entertain applications under the Patta Pass Book

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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 the Service Rules.

(10) The competent authorities are directed

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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.

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

1.The District Collector, District Collector Office, Kanyakumari District.

2.Adi Dravida and Tribal Welfare Officer, The Secretariat, St. George Fort,