Mahalyamman vs Revenue Divisional Officer
2023 Latest Caselaw 10931 Mad

                                                                          W.P.No.22542 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              DATED : 22.08.2023

                                                    CORAM

                            THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM

                                              W.P.No.22542 of 2023


                   Mahalyamman, Mariyamman And Vinayakar Temples,
                   Patramangalam Hamlet Of Donagoundenpalayam,
                   Rep. By Its Dharmakartha P.R. Nadaraj,
                   S/O. Ramasamy Gowder,
                   3/95 Pattaramangalam ,
                   Pudupeerkadavu, Sathyamangalam Taluk,
                   Erode Distrct 638 451                                    ... Petitioner

                                                         Vs.

                   1. Revenue Divisional Officer ,
                   Gobichettypalayam, Erode District.

                   2. Tahsildar,
                   Sathyamangalam Taluk,
                   Sathyamangalam,
                   Erode District.                                          ... Respondents

                   Prayer:- Writ petition filed under Article 226 of the Constitution of India
                   praying for issuance of a writ of Mandamus, directing the 2nd respondent
                   to issue patta in respect of Survey No. 575/2 in Pudupeerkadavu Village in
                   Sathyamangalam Taluk in the name of Mahalyamman, Mariyamman and
                   Vinayakar Temples by considering petitioner's representation dated
                   24.06.2022.

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                                                                              W.P.No.22542 of 2023



                                  For Petitioner       : Mr.J.Tittus Enock

                                  For Respondents      :
                                  (R1 & R2)            : Mr.P.Sanjay Gandhi
                                                         Government Advocate.


                                                       ORDER

The relief sought for in the writ petition is to direct the 2nd

respondent to issue patta in respect of Survey No. 575/2 in

Pudupeerkadavu Village in Sathyamangalam Taluk, in the name of

Mahalyamman, Mariyamman and Vinayakar Temples by considering

petitioner's representation dated 24.06.2022.

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

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W.P.No.22542 of 2023

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.

(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

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W.P.No.22542 of 2023

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.

(7) The respondents are directed not to entertain applications

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W.P.No.22542 of 2023

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 orders and communicate the same to all the parties concerned in the manner prescribed under the Rules of

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W.P.No.22542 of 2023

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)                                                                 22.08.2023
                   Index : Yes
                   Speaking Order
                   Neutral Citation : Yes


                   To

                   1. Revenue Divisional Officer ,

Gobichettypalayam, Erode District.

2. Tahsildar, Sathyamangalam Taluk, Sathyamangalam, Erode District.

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W.P.No.22542 of 2023

S.M.SUBRAMANIAM. J.,

(sha)

W.P.No.22542 of 2023

22.08.2023

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