Madras High Court
Palaniammal vs The District Collector on 10 August, 2023
2023:MHC:3666
WP No.11142 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10-08-2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
WP No.11142 of 2021
Palaniammal ... Petitioner
Vs.
1.The District Collector,
Salem,
Salem District.
2.The Sub-Collector cum Revenue Divisional Officer,
Mettur,
Mettur Taluk,
Salem District.
3.The Tahsildar,
Taluk Office,
Kadayampatti Taluk,
Salem District. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Mandamus, directing the third respondent to grant
patta to the petitioner in respect of land in S.No.465/1 an extent of 1.50
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WP No.11142 of 2021
acres at Kanavaiputhur Village, Kadaiyampatti Taluk by considering the
petitioner's representation dated 25.12.2020.
For Petitioner : Mr.M.Elango
For Respondents : Mr.G.Krishna Raja,
Additional Government Pleader.
ORDER
The relief sought for in the present writ petition is to direct the
third respondent to grant patta to the petitioner in respect of land in
S.No.465/1 an extent of 1.50 acres at Kanavaiputhur Village, Kadaiyampatti
Taluk by considering the petitioner's representation dated 25.12.2020.
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
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WP No.11142 of 2021
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 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
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WP No.11142 of 2021
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.
(5) All applications / appeals are to be
disposed of by the competent authorities within a
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WP No.11142 of 2021
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
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WP No.11142 of 2021
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.
4. Accordingly, the present writ petition stands disposed of.
However, there shall be no order as to costs.
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WP No.11142 of 2021
10-08-2023
Index : Yes/No
Internet: Yes/No
Speaking order/Non-Speaking order
Neutral Citation : Yes/No
Svn
To
1.The District Collector,
Salem,
Salem District.
2.The Sub-Collector cum Revenue Divisional Officer,
Mettur,
Mettur Taluk,
Salem District.
3.The Tahsildar,
Taluk Office,
Kadayampatti Taluk,
Salem District.
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WP No.11142 of 2021
S.M.SUBRAMANIAM, J.
Svn
WP 11142 of 2021
10-08-2023
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