Madras High Court
P.R.Radhakrishnan vs The District Collector on 14 August, 2023
W.P.No.23923 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.08.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.23923 of 2023 &
W.M.P.No.23436 of 2023
P.R.Radhakrishnan ... Petitioner
Vs.
1.The District Collector,
Salem District,
Salem.
2.The District Revenue Officer,
Salem District,
Salem.
3.The Revenue Divisional officer,
Mettur,
Salem
4.The Tahsildar,
Omalur Taluk,
Salem District|.
5.The Sub Registrar,
Omalur SRO, Omalur,
Salem District.
6.Nandhakumar
7.Jaikumar
8.Rajkumar
9.Ashokkumar ... Respondents
Page 1 of 8
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W.P.No.23923 of 2023
Prayer: Writ Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Mandamus, directing the fourth respondent to cancel
the patta in the name of the respondents 6 to 9 and to issue a fresh patta as
per corrected/ modified Decree and Judgment in O.S.No. 63 of 2005 on the
file of Sub Court, Mettur for the property in 1) survey No. 34/5 measuring 9
cents, 2) Survey No. 34/3 measuring 6 cents and 3) Survey No. 34/4
measuring 55 cents situated at Pagalpatti Village, Omalur Taluk, Salem
District by considering the petitioner's representation dated 04.01.2023
within a period that may be stipulated by this court.
For Petitioner : Mr.R.Jayaprakash
For Respondents 1 to 5 : Mr.D.Ravichander
Special Government Pleader
ORDER
The relief sought for in the present writ petition is to direct the fourth
respondent to cancel the patta in the name of the respondents 6 to 9 and to
issue a fresh patta as per the corrected/ modified Decree and Judgment in
O.S.No. 63 of 2005 on the file of Sub Court, Mettur for the property in 1)
survey No. 34/5 measuring 9 cents, 2) Survey No. 34/3 measuring 6 cents
and 3) Survey No. 34/4 measuring 55 cents situated at Pagalpatti Village,
Omalur Taluk, Salem District by considering the petitioner's representation
dated 04.01.2023.
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W.P.No.23923 of 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
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
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W.P.No.23923 of 2023
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 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
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W.P.No.23923 of 2023
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
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
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W.P.No.23923 of 2023
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 case of the petitioner is also to be
considered on the same line.
4. Accordingly, this Writ Petition stands disposed of. No costs.
Consequently, connected miscellaneous petition is closed.
14.08.2023
nl
Index : Yes
Speaking order
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W.P.No.23923 of 2023
To
1.The District Collector,
Salem District,
Salem.
2.The District Revenue Officer,
Salem District,
Salem.
3.The Revenue Divisional officer,
Mettur,
Salem
4.The Tahsildar,
Omalur Taluk,
Salem District|.
5.The Sub Registrar,
Omalur SRO, Omalur,
Salem District.
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W.P.No.23923 of 2023
S.M.SUBRAMANIAM, J.
nl
W.P.No.23923 of 2023
14.08.2023
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