Madras High Court
Mrs. Rajathi vs District Revenue Officer on 21 August, 2023
2023:MHC:3897
W.P.No.24435 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.08.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.24435 of 2023
Mrs. Rajathi ...Petitioner
Vs
1.District Revenue Officer,
Thiruvallur Taluk Office,
National Highway-716,
Thiruvallur 602601.
2.Tasildhar-Thiruvallur,
Thiruvallur Taluk Office,
National Highway – 716,
Thiruvallur 602601.
3.Village Administrative Officer (Papparapakkam),
Village Administrative Office,
Papparapakkam Road, Petrol Station,
Papparapakkam, Thiruvallur.
4.District Registrar-Thiruvallur,
District Registrar Office,
M.V Street, Veeraragavan Nagar,
Thiruvallur 602-001.
5.Sub Registrar – Manavala Nagar,
Sub Registrar Office,
Manavala Nagar,
Thiruvallur 600-002.
Page 1 of 9
https://www.mhc.tn.gov.in/judis
W.P.No.24435 of 2023
6.Dhanalakshmi
7.Suriya Gandhi
8.Santhi
9.Saravanan. S
10.Ponni
11.Govindhammal ...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Mandamus, directing the respondents 1 to 3 to cancel
the Patta.No.291 in the name of Late. Somasundara Naicker and issue Patta
in favour of the petitioner for the property extent of 1.08 Acres of land
situated at Paparrambakkam Village, Comprised in Survey No.462/4 at
Manavalanagar Sub-registrar Office, Thiruvallur District, which was
originally belongs to the petitioner's Mother Late.Meenaskshi.
For Petitioner : Mr.M. Ponmudi
For R1 to R5 : Mr.T. Arunkumar,
Additional Government Pleader.
Page 2 of 9
https://www.mhc.tn.gov.in/judis
W.P.No.24435 of 2023
ORDER
The relief sought for in the present writ petition is to direct the
respondents 1 to 3 to cancel the Patta No.291 in the name of
Late.Somasundara Naicker and issue Patta in favour of the petitioner for the
property comprised in Survey No.462/4 at Manavalanagar Sub-registrar
Office, Thiruvallur District.
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
https://www.mhc.tn.gov.in/judis
W.P.No.24435 of 2023
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 heard and disposed
of in the order of seniority.
https://www.mhc.tn.gov.in/judis
W.P.No.24435 of 2023
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
https://www.mhc.tn.gov.in/judis
W.P.No.24435 of 2023
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 dereliction of duty on the
part of the authorities, appropriate disciplinary
https://www.mhc.tn.gov.in/judis
W.P.No.24435 of 2023
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.
21.08.2023
veda/hvk
Index:Yes/No
Speaking order/Non-speaking order
Neutral Citation:Yes/No
https://www.mhc.tn.gov.in/judis
W.P.No.24435 of 2023
To
1.District Revenue Officer,
Thiruvallur Taluk Office,
National Highway-716,
Thiruvallur 602601.
2.Tasildhar-Thiruvallur,
Thiruvallur Taluk Office,
National Highway – 716,
Thiruvallur 602601.
3.Village Administrative Officer (Papparapakkam),
Village Administrative Office,
Papparapakkam Road, Petrol Station,
Papparapakkam, Thiruvallur.
4.District Registrar-Thiruvallur,
District Registrar Office,
M.V Street, Veeraragavan Nagar,
Thiruvallur 602-001.
5.Sub Registrar – Manavala Nagar,
Sub Registrar Office,
Manavala Nagar,
Thiruvallur 600-002.
https://www.mhc.tn.gov.in/judis
W.P.No.24435 of 2023
S.M.SUBRAMANIAM, J.
veda/hvk
W.P.No.24435 of 2023
21.08.2023
https://www.mhc.tn.gov.in/judis
