Madras High Court
M. Sathiyamoorthy vs The Tahsildar on 21 August, 2023
W.P.No.24590 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.24590 of 2023
M. Sathiyamoorthy ...Petitioner
Vs
The Tahsildar,
Madurantakam Taluk,
Chengalpattu District. ...Respondent
Prayer: Writ Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Mandamus, to direct the respondent herein to dispose
the petitioner's written representation dated 20.09.2021 seeking transfer of
Patta in Patta No.1426 and survey of the property situated at No.178,
Saravambakkam village of Peruveli Group, Madurantakam Taluk,
Chengalpattu District comprised in Punja Old Survey No.169/1, New Survey
No.169/1A1A1A1 admeasuring to an extent of 2269 square feet.
For Petitioner : Mr.K.Thilagaraj
For Respondent : Mr.T.Venkatesh Kumar,
Special Government Pleader.
Page 1 of 6
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W.P.No.24590 of 2023
ORDER
The relief sought for in the present writ petition is to direct the
respondent herein to consider the petitioner's representation dated
20.09.2021, seeking transfer of Patta and to survey the property comprised in
Punja Old Survey No.169/1, New Survey No.169/1A1A1A1.
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/
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W.P.No.24590 of 2023
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.
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
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W.P.No.24590 of 2023
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.
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
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W.P.No.24590 of 2023
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 orders and communicate the same to all the
parties concerned in the manner prescribed under the
Rules of Public Administration.”
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W.P.No.24590 of 2023
S.M.SUBRAMANIAM, J.
veda/hvk
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
Speaking order
Neutral Citation:Yes/No
To
The Tahsildar,
Madurantakam Taluk,
Chengalpattu District.
W.P.No.24590 of 2023
https://www.mhc.tn.gov.in/judis
