Madras High Court
Dhanalakshmi vs The District Collector on 14 August, 2023
W.P.No.23862 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.23862 of 2023
Dhanalakshmi ... Petitioner
Vs.
1.The District Collector,
Chengalpattu District,
Chengalpattu.
2.The Revenue Divisional officer,
O/o. The Revenue Divisional Officer,
Madhuranthagam,
Chengalpattu district.
3.The Tahsildar,
Cheyyur Tahsildar Office,
Cheyyur,
Chengalpattu District.
4.Athiammal
5.Muthu Naidu ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Mandamus, directing the second respondent to dispose
of the petitioner's representation dated 19.10.2022, 28.10.2022, 07.06.2023
and cancel the Patta No. 9 granted in favour of the 4th and 5th respondents in
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W.P.No.23862 of 2023
respect of the survey No. 39/5, admeasuring to the extent of 0.14 cent
situated in Pooriyampakkam village, Cheyyur Taluk, Chengalpattu District in
accordance with the Tamil nadu Patta Pass Book Act within the time frame
that may be fixed by this Court.
For Petitioner : Mr.A.Venkatesan
For Respondents : Mr.C.Jayaprakash
Government Advocate
ORDER
The relief sought for in the present writ petition is to direct the second
respondent to dispose of the petitioner's representations dated 19.10.2022,
28.10.2022, 07.06.2023 and cancel the Patta No. 9 granted in favour of the 4 th
and 5th respondents in respect of the survey No. 39/5, admeasuring to the
extent of 0.14 cent situated in Pooriyampakkam village, Cheyyur Taluk,
Chengalpattu District in accordance with the Tamil nadu Patta Pass Book Act
within the time frame to be fixed by this Court.
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
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W.P.No.23862 of 2023
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.
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W.P.No.23862 of 2023
(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 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
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W.P.No.23862 of 2023
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
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.
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W.P.No.23862 of 2023
(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 case of the petitioner is also to be
considered on the same line.
4. Accordingly, this Writ Petition stands disposed of. No costs.
14.08.2023
nl
Index : YeS
Speaking order
Neutral Citation : Yes
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W.P.No.23862 of 2023
To
1.The District Collector,
Chengalpattu District,
Chengalpattu.
2.The Revenue Divisional officer,
O/o. The Revenue Divisional Officer,
Madhuranthagam,
Chengalpattu district.
3.The Tahsildar,
Cheyyur Tahsildar Office,
Cheyyur,
Chengalpattu District.
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W.P.No.23862 of 2023
S.M.SUBRAMANIAM, J.
nl
W.P.No.23862 of 2023
14.08.2023
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