Madras High Court
Allammal vs The District Collector on 31 August, 2023
W.P.No.25383 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 31.08.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.25383 of 2023
1.Allammal
2.Neela @ Neelammal
3.Sekar
4.Moorthy ...Petitioners
Vs
1.The District Collector,
Thiruvallur District,
Thiruvallur.
2.The Revenue Divisional Officer,
Ponneri,
Thiruvallur District.
3.The Thasildar,
Ponneri,
ThiruvallurDistrict.
4.Kasi
5.Ponnuvel
6.T.Subramaniyan
7.B.Gopi
8.Parimala
9.Chitra ...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for
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W.P.No.25383 of 2023
issuance of a Writ of Mandamus, directing the respondents 1 to 3 to consider
the representation of the petitioners dated 29.09.2021 made to the
respondents 1 to 3 with the request to cancel the Patta No.76 dated
23.08.2013 granted in the names of the respondents 4 to 9 with regard to the
property situated in S.No.150/3, 150/4, 151/1, 151/2, 153 and Cherry
Natham S.No.91/2 and 109 of Siruniyam Village, Ponneri Taluk, Thiruvallur
District in an extent of A 2.84 Cents consequently grant patta in the name of
the petitioners/legal heirs of late Mrs.Bakkiyammal and pass appropriate
suitable orders on conducting proper enquiry by giving reasonable
opportunity of personal hearing to the petitioners and also the private
respondents as per the time frame fixed by this Court.
For Petitioners : Mr.S.Srinivasan
For R1 to R3 : Mr.T.Arunkumar,
Additional Government Pleader.
ORDER
The relief sought for in the present writ petition is to direct the
respondents 1 to 3 to consider the representation of the petitioners dated
29.09.2021 to cancel Patta No.76 dated 23.08.2013 granted in the names of
the respondents 4 to 9 with regard to the subject property and consequently
grant patta in the name of the petitioners and pass appropriate suitable orders
by conducting proper enquiry and after giving reasonable opportunity of
personal hearing.
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W.P.No.25383 of 2023
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/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
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W.P.No.25383 of 2023
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 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
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W.P.No.25383 of 2023
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 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
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W.P.No.25383 of 2023
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.”
3. In view of the fact that the case of the petitioners is also similar to
that of the cases (cited supra), the case of the petitioners is also to be
considered on the same line.
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W.P.No.25383 of 2023
4. Accordingly, this Writ Petition stands disposed of. No costs.
31.08.2023
cse
Index:Yes/No
Speaking order/Non-speaking order
Neutral Citation:Yes/No
To
1.The District Collector,
Thiruvallur District,
Thiruvallur.
2.The Revenue Divisional Officer,
Ponneri,
Thiruvallur District.
3.The Thasildar,
Ponneri,
ThiruvallurDistrict.
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W.P.No.25383 of 2023
S.M.SUBRAMANIAM, J.
cse
W.P.No.25383 of 2023
31.08.2023
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