Madras High Court
S.Taj Mohammed vs The Secretary on 5 July, 2023
W.P.No.12156 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.07.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.12156 of 2023
S.Taj Mohammed ... Petitioner
Vs.
1. The Secretary,
Revenue Department,
Secretariat, Fort St. George,
Chennai – 600 009.
2. The District Collector,
Collectorate,
Namakkal District – 637 001.
3. The Assistant Director,
District Land Survey Office,
Namakkal District.
4. The Revenue Divisional Officer,
Namakkal, Namakkal District.
5. The Tahsildar,
Rasipuram, Namakkal District.
6. Muthunayakker
7. Chinnusamy
8. Thalamayammal
9. Thangavel
10.Palaniyammal
11. Sekar ... Respondents
Page 1 of 8
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W.P.No.12156 of 2023
Prayer: Writ Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Mandamus, directing the 1st to 5th respondents to
conduct a survey and remove the entries of erstwhile owners and adjacent
land owner names of respondents 6 to 11 in Sr.Nos.26/1A1 in Patta No.824
to the extent of 2.3/4 cents, Sr.Nos.26/1C and 26/2 in Patta No.655 to the
extent of 82 cents, and Sr.No.26/4A1 in Patta No.15281 to the extent of 77
cents respectively which is situated at Bodinayakkanpatty, Kendy
Rangamanayakkanuur, Singalanthapuram Village, Rasipuram Taluk,
Namakkal District and to issue a separate patta in petitioner name and
consider the petitioner's on-line application No.2022422009077 dated
22.04.2022 and the petitioner's representation dated 26.12.2022.
For Petitioner : Mr.R.Palaniyappan
For Respondents : Mr.C.Jayaprakash
Government Advocate [R1 to R5]
No appearance [R6 to 8 and 10]
R9 – Deceased
R11- Not Ready in Notice
ORDER
The relief sought for in the present writ petition is to direct the 1st to 5th
respondents to conduct a survey and remove the entries of erstwhile owners
and adjacent land owner names of respondents 6 to 11 in Sr.Nos.26/1A1 in
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W.P.No.12156 of 2023
Patta No.824 to the extent of 2.3/4 cents, Sr.Nos.26/1C and 26/2 in Patta
No.655 to the extent of 82 cents, and Sr.No.26/4A1 in Patta No.15281 to the
extent of 77 cents respectively which is situated at Bodinayakkanpatty,
Kendy Rangamanayakkanuur, Singalanthapuram Village, Rasipuram Taluk,
Namakkal District and to issue a separate patta in petitioner name by
considering the petitioner's on-line application No.2022422009077 dated
22.04.2022 and the petitioner's representation dated 26.12.2022.
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 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
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W.P.No.12156 of 2023
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
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
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W.P.No.12156 of 2023
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 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
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W.P.No.12156 of 2023
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 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. Accordingly, this Writ Petition stands disposed
of. No costs.
05.07.2023
Index : Yes
Speaking order
Neutral Citation : Yes
mp
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W.P.No.12156 of 2023
To
1. The Secretary,
Revenue Department,
Secretariat, Fort St. George,
Chennai – 600 009.
2. The District Collector,
Collectorate,
Namakkal District – 637 001.
3. The Assistant Director,
District Land Survey Office,
Namakkal District.
4. The Revenue Divisional Officer,
Namakkal, Namakkal District.
5. The Tahsildar,
Rasipuram, Namakkal District.
S.M.SUBRAMANIAM, J.
https://www.mhc.tn.gov.in/judis
W.P.No.12156 of 2023
mp
W.P.No.12156 of 2023
05.07.2023
https://www.mhc.tn.gov.in/judis
