Madras High Court
A.Abdul Hadi vs Manager (Admin) on 1 August, 2023
2023:MHC:3749
W.P.No.16419 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.08.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.16419 of 2023
A.Abdul Hadi ... Petitioner
Vs.
1.Manager (Admin),
Om Sakthi Sri Narayana Sidhar Peedam Trust,
Thirumalakodi, Vellore District – 632 055.
2.Dr.Balaji Director
Sri Narayani School of Nursing,
Sekkanur Village, Ussoor Post,
Anaicut Taluk, Vellore District – 632 105.
3.Tamil Nadu Wakf Board,
Rep by its Chief Executive Officer,
No.1, Jaffer Syrang Street,
Vallal Seethakathi Nagar, Chennai 1.
4.The Revenue Divisional Officer,
Vellore Division,
Collectorate Office, Vellore.
5.Tahsildar,
Anaicut Taluk, Vellore,
6.The District Collector,
Vellore. ... Respondents
Page 1 of 8
W.P.No.16419 of 2023
Prayer: Writ Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Mandamus, directing the 5th respondent to comply with
the direction of the 4th respondent vide his proceedings dated 16.05.2022 in
Na.Ka.A4/209/2022 and as sought by representation dated 15.03.2023 of the
petitioner to cancel patta in favour of the 1st respondent and to issue patta to
the petitioner.
For Petitioner : Mr.N.A.Nassir Hussain
For R4 & R5 : Mr.T.Venkatesh Kumar
Special Government Pleader
ORDER
The relief sought for in the present writ petition is to direct the 5th
respondent to comply with the direction of the 4th respondent vide his
proceedings dated 16.05.2022 in Na.Ka.A4/209/2022 and as sought by
representation dated 15.03.2023 of the petitioner to cancel patta in favour of
the 1st respondent and to issue patta to the petitioner.
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
W.P.No.16419 of 2023
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 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
W.P.No.16419 of 2023
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
Commissioner of Land Administration. In the event of no time
limit, the authorities are expected to pass orders within a
W.P.No.16419 of 2023
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.
(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
W.P.No.16419 of 2023
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.
01.08.2023
Jeni
Index : Yes
Speaking order
Neutral Citation : Yes
W.P.No.16419 of 2023
To
1.The Manager (Admin),
Om Sakthi Sri Narayana Sidhar Peedam Trust,
Thirumalakodi, Vellore District – 632 055.
2.The Chief Executive Officer,
Tamil Nadu Wakf Board,
No.1, Jaffer Syrang Street,
Vallal Seethakathi Nagar, Chennai 1.
3.The Revenue Divisional Officer,
Vellore Division,
Collectorate Office, Vellore.
4.The Tahsildar,
Anaicut Taluk, Vellore,
5.The District Collector,
Vellore.
W.P.No.16419 of 2023
S.M.SUBRAMANIAM, J.
Jeni
W.P.No.16419 of 2023
01.08.2023
