Madras High Court
Kamatchiamman Thirukoil vs The District Collector on 1 August, 2023
W.P.No.12786 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.12786 of 2023
Kamatchiamman Thirukoil,
Muttanchetty, Namakkal District,
Rep. by its Hereditary Trustee S.Senthil Kumar
S/o. Late Subramaniam Pillai,
No.2/84, Mariamman Koil Street, Muttanchetty,
Senthamangalam Taluka,
Namakkal District. ... Petitioner
Vs.
1.The District Collector,
Namakkal District, Namakkal.
2.The Tahsildar,
Senthamangalam Taluka,
Namakkal District.
3.The Block Development Officer,
Erumapatti Union, Namakkal District.
4.The Panchayath President,
Muttanchetty, Namakkal District. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Mandamus, directing the 2nd respondent to issue
separate patta to the petitioner Temple land, measuring about 2520 square
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W.P.No.12786 of 2023
feet, bearing Old Survey No.273/6, New Survey No.438/11 of Muttanchetty
Panchayath, Erumapatti Union, Namakkal District in consonance with the
representation of the petitioner dated 10.03.2020 and the Memorandum in
Na.Ka.889/2020/A1 dated 26.05.2020.
For Petitioner : Mr.K.A.Mariappan
For R1, R2 & R4 : Mr.G.Krishna Raja
Additional Government Pleader
For R3 : Mr.A.M.Ayyadurai
ORDER
The relief sought for in the present writ petition is to direct the 2nd
respondent to issue separate patta to the petitioner Temple land, measuring
about 2520 square feet, bearing Old Survey No.273/6, New Survey
No.438/11 of Muttanchetty Panchayath, Erumapatti Union, Namakkal
District in consonance with the representation of the petitioner dated
10.03.2020 and the Memorandum in Na.Ka.889/2020/A1 dated 26.05.2020.
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
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W.P.No.12786 of 2023
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
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W.P.No.12786 of 2023
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
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
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W.P.No.12786 of 2023
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 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.
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W.P.No.12786 of 2023
(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 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
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W.P.No.12786 of 2023
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W.P.No.12786 of 2023
To
1.The District Collector,
Namakkal District, Namakkal.
2.The Tahsildar,
Senthamangalam Taluka,
Namakkal District.
3.The Block Development Officer,
Erumapatti Union, Namakkal District.
4.The Panchayath President,
Muttanchetty, Namakkal District.
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W.P.No.12786 of 2023
S.M.SUBRAMANIAM, J.
Jeni
W.P.No.12786 of 2023
01.08.2023
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