Madras High Court
P.Sundari vs The Principal Secretary -Cum on 17 August, 2023
W.P.No.9339 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.08.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.9339 of 2017
1.P.Sundari
2.D.Kasthuri ... Petitioners
Vs.
1.The Principal Secretary -cum-
Land Administration Commissioner,
Chepauk, Chennai – 600 005.
2.The District Collector,
Kancheepuram District,
Kancheepuram.
3.The District Revenue Officer,
Kancheepuram District,
Kancheepuram.
4.Padmanabhan
5.Ravi
6.Xaviour
7.S.Rita
8.S.Stella ... Respondents
Page 1 of 8
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W.P.No.9339 of 2017
Prayer: Writ Petition is filed under Article 226 of the Constitution of India,
to issue a Writ of Certiorarified Mandamus, calling for the records
pertaining the order passed in Na.Ka.25079/2011/N4 dated 02.02.2017
passed by the third respondent and quash the same and direct the
Respondents 1 to 3 to restore the patta number 29 issued in the name of
K.Nathamuni.
For Petitioner : Mr.K.S.Murugan
For R1 to R3 : Mr.D.Ravichander,
Special Government Pleader
For R4 : No appearance
For R5 to R8 : Mr.Nedunchezhiyan
ORDER
The writ petition has been filed against the order dated 02.02.2017 in
Na.Ka.25079/2011/N4 passed by the third respondentand to direct the
Respondents 1 to 3 to restore the patta number 29 issued in the name of
K.Nathamuni.
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
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W.P.No.9339 of 2017
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
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.9339 of 2017
(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.9339 of 2017
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.9339 of 2017
(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.
17.08.2023
skr
Index : Yes
Speaking order
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W.P.No.9339 of 2017
To
1.The Principal Secretary -cum-
Land Administration Commissioner,
Chepauk, Chennai – 600 005.
2.The District Collector,
Kancheepuram District,
Kancheepuram.
3.The District Revenue Officer,
Kancheepuram District,
Kancheepuram.
https://www.mhc.tn.gov.in/judis
W.P.No.9339 of 2017
S.M.SUBRAMANIAM, J.
skr
W.P.No.9339 of 2017
17.08.2023
https://www.mhc.tn.gov.in/judis
