Madras High Court
Radhakrishnan vs The District Collector on 17 August, 2023
W.P.No.24011 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.08.2023
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
W.P.No.24011 of 2023
Radhakrishnan ... Petitioner
Vs.
1. The District Collector,
Krishnagiri, Krishnagiri District.
2. The Revenue Divisional Officer,
Krishnagiri, Krishnagiri District.
3. The Thasildar,
Taluk Office, Uthangarai,
Krishnagiri District.
4. Raja ... Respondents
Prayer:- Writ petition filed under Article 226 of the Constitution of India
praying for issuance of a writ of Mandamus, directing the respondents 1 to
3 to consider petitioner's representation dated 24.02.2023 requesting to
cancel the patta issued to 4th respondent in respect of petitioner's lands
comprised in Survey No. 108/1 8.61 Acres, 121/1 1.78 Acres, 250/2 3.20
Acres, 109/1 1.72 Acres and 109/2 3.20 Acres of K.Papparapatti Village,
Uthangarai Taluk, Krishnagiri District.
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1/7
W.P.No.24011 of 2023
For Petitioner : Mr.K.Thiruvengadam
For Respondents :
(R1 to R3) : Mr.E.Sundaram
Government Advocate.
ORDER
The relief sought for in the writ petition is to direct the respondents 1
to 3 to consider petitioner's representation dated 24.02.2023 requesting to
cancel the patta issued to 4th respondent in respect of petitioner's lands
comprised in Survey No. 108/1 8.61 Acres, 121/1 1.78 Acres, 250/2 3.20
Acres, 109/1 1.72 Acres and 109/2 3.20 Acres of K.Papparapatti Village,
Uthangarai Taluk, Krishnagiri District.
2.The issues raised in the present writ petition were adjudicated by
this Court in a batch of writ petitions in W.P.Nos.262 of 2018 & etc.,
batch, and a judgment was delivered on 09.06.2023 and 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 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
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W.P.No.24011 of 2023
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 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
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W.P.No.24011 of 2023
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 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.
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W.P.No.24011 of 2023
(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
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
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W.P.No.24011 of 2023
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. Accordingly, this writ petition stands disposed
of. No costs.
(sha) 17.08.2023
Index : Yes
Speaking Order
Neutral Citation : Yes
To
1. The District Collector,
Krishnagiri, Krishnagiri District.
2. The Revenue Divisional Officer,
Krishnagiri, Krishnagiri District.
3. The Thasildar,
Taluk Office, Uthangarai,
Krishnagiri District.
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W.P.No.24011 of 2023
S.M.SUBRAMANIAM. J.,
(sha)
W.P.No.24011 of 2023
17.08.2023
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