Madras High Court
M/S. Elgi Equipments Ltd vs The Revenue Divisional Officer on 4 July, 2023
W.P.No.33222 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.07.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.33222 of 2017
M/s. ELGI Equipments Ltd.,
Represented by its Head Legal & Secretarial,
Mr.Shyam Vasudevan,
Having office at ELGI Industrial Complex,
Trichy Road, Singanallur,
Coimbatore – 641 005. ... Petitioner
Vs.
1.The Revenue Divisional Officer,
Coimbatore,
Collectorate, Coimbatore.
2.The Tahsildar,
Sulur Taluk,
Coimbatore District.
3.K.Krishnasamy
4.G.Subramaniam
5.R.Venkatasalapathy
6.P.Vijaykumari
7.R.Devi ... Respondents
Page 1 of 8
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W.P.No.33222 of 2017
Prayer: Writ Petition is filed under Article 226 of the Constitution of India,
to issue Writ of Mandamus, directing the respondents 1 and 2 to delete the
names of Krishnasamy, Subramaniam, R.Venkatachalapathy, Vijaykumari
and R.Devi from the Patta No.1694, pertaining to the lands in S.F.No.100/1,
Arasur Village, Sulur Taluk, Coimbatore District and direct the respondents
to issue a fresh patta exclusively in the name of the petitioner.
For Petitioner : Mr.P.Srinivas
For R1 & R2 : Mr.P.Sanjay Gandhi,
Government Advocate
For R3 to R6 : Not ready in notice
For R7 : No appearance
ORDER
The writ petition has been filed for directing the respondents 1 and 2
to delete the names of Krishnasamy, Subramaniam, R.Venkatachalapathy,
Vijaykumari and R.Devi from the Patta No.1694, pertaining to the lands in
S.F.No.100/1, Arasur Village, Sulur Taluk, Coimbatore District and direct
the respondents to issue a fresh patta exclusively in the name of the
petitioner.
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W.P.No.33222 of 2017
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 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
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.
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W.P.No.33222 of 2017
(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
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
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W.P.No.33222 of 2017
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 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.33222 of 2017
(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), this writ petition stands disposed of.
No costs.
04.07.2023
skr
Index : Yes
Speaking order
Neutral Citation : Yes
https://www.mhc.tn.gov.in/judis
W.P.No.33222 of 2017
To
1.The Revenue Divisional Officer,
Coimbatore,
Collectorate, Coimbatore.
2.The Tahsildar,
Sulur Taluk,
Coimbatore District.
https://www.mhc.tn.gov.in/judis
W.P.No.33222 of 2017
S.M.SUBRAMANIAM, J.
skr
W.P.No.33222 of 2017
04.07.2023
https://www.mhc.tn.gov.in/judis
