Madras High Court
K.Chellappan vs The District Collector on 8 August, 2023
2023:MHC:3587
WP No.12191 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08-08-2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
WP No.12191 of 2021
1.K.Chellappan
2.K.Arumugam ... Petitioners
Vs.
1.The District Collector,
Office of the District Collector,
Chengalpattu District-603 305.
2.The Revenue Divisional Officer,
O/o.Revenue Divisional Officer,
Maduranthagam,
Chengalpattu District-603 306.
3.The Tahsildar,
Taluk Office,
Maduranthagam,
Chengalpattu District-603 306.
4.The Village Administrative Officer,
Anaikattu,
Cheyyur Taluk,
Chengalpattu District-603 312.
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WP No.12191 of 2021
5.S.Sarangan ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Mandamus, directing the respondents to consider the
petitioners' representation dated nil.03.2021 and to direct the second
respondent to cancel the Joint Patta issued in favour of the fifth respondent
in Patta No.654, No.101, Adaiyalachery Village, Cheyyur Taluk,
Chengalpattu District for the lands situate in Adaiyalachery Village in
Survey No.526/2 for an extent of 2616 sq.ft., (0.06 cents) and conduct fresh
enquiry and issue the patta in favour of the petitioners herein.
For Petitioners : Mr.A.Sathasivam
For Respondents-1 to 4 : Mr.E.Sundaram,
Government Advocate.
For Respondent-5 : Ms.T.Renu
ORDER
The relief sought for in the present writ petition is to direct the
respondents to consider the petitioners' representation dated nil.03.2021 and
to direct the second respondent to cancel the Joint Patta issued in favour of
the fifth respondent in Patta No.654, No.101, Adaiyalachery Village,
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WP No.12191 of 2021
Cheyyur Taluk, Chengalpattu District for the lands situate in Adaiyalachery
Village in Survey No.526/2 for an extent of 2616 sq.ft., (0.06 cents) and
conduct fresh enquiry and issue the patta in favour of the petitioners herein.
2. The issues raised in the present writ petition were
adjudicated by this Court in a batch of writ petitions in WP No.262 of 2018
etc. batch [D.Tulasi vs. The District Revenue Officer, Dharmapuri] and
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
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WP No.12191 of 2021
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
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WP No.12191 of 2021
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
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WP No.12191 of 2021
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 dereliction of
duty on the part of the authorities, appropriate
disciplinary actions are to be initiated under the
Service Rules.
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WP No.12191 of 2021
(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 present writ petition is also to
be considered on the same line.
4. Accordingly, the present writ petition stands disposed of.
However, there shall be no order as to costs.
08-08-2023
Index : Yes/No
Internet: Yes/No
Speaking order/Non-Speaking order
Neutral Citation : Yes/No
Svn
To
1.The District Collector,
Office of the District Collector,
Chengalpattu District-603 305.
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WP No.12191 of 2021
2.The Revenue Divisional Officer,
O/o.Revenue Divisional Officer,
Maduranthagam,
Chengalpattu District-603 306.
3.The Tahsildar,
Taluk Office,
Maduranthagam,
Chengalpattu District-603 306.
S.M.SUBRAMANIAM, J.
Svn
4.The Village Administrative Officer,
Anaikattu,
Cheyyur Taluk,
Chengalpattu District-603 312.
WP 12191 of 2021
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WP No.12191 of 2021
08-08-2023
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