Madras High Court
Syed Nasrullah vs The Director on 7 July, 2023
W.P.No.6912 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.07.2023
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
W.P.No.6912 of 2023
and
W.M.P.No.7010 of 2023
Syed Nasrullah ... Petitioner
vs.
1. The Director,
Survey and settlement,
Survey House 3rd Floor,
Chetpauk, Chennai-600 005.
2. The Assistant Settlement Officer,
Survey and Settlement,
Survey House 3rd Floor,
Chetpauk, Chennai-600 005. ... Respondents
Prayer :- Writ petition filed under Article 226 of the Constitution of India
praying for issuance of a writ of Certiorarifed Mandamus, to call for the
records of the 1st respondent in Na.Ka. No.E5/ 2823/2022 dated
06.05.2022, quash the same and consequently direct the 2nd respondent to
issue patta to the petitioner to petitioner land bearing survey Nos.5/1 and
5/3 to an extent of 7.48 acres situated at Poovalai Village, Gummidipoondi
Taluk, Thiruvallur District.
https://www.mhc.tn.gov.in/judis
1/7
W.P.No.6912 of 2023
For Petitioner : Mr.B.Nedunchezhiyan
For Respondents :
(for R1 & R2) : Mr.G.Krishna Raja, A.G.P.
ORDER
The relief sought for in the writ petition is to call for the records of
the 1st respondent in Na.Ka. No.E5/ 2823/2022 dated 06.05.2022, quash
the same and consequently direct the 2nd respondent to issue patta to the
petitioner to petitioner land bearing survey Nos.5/1 and 5/3 to an extent of
7.48 acres situated at Poovalai Village, Gummidipoondi Taluk, Thiruvallur
District.
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:
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W.P.No.6912 of 2023
(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 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.
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W.P.No.6912 of 2023
(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 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
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W.P.No.6912 of 2023
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.
(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.”
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W.P.No.6912 of 2023
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. Consequently, connected miscellaneous petition is
closed.
(sha) 07.07.2023
Index : Yes
Speaking Order
Neutral Citation : Yes
To
1. The Director,
Survey and settlement,
Survey House 3rd Floor,
Chetpauk, Chennai-600 005.
2. The Assistant Settlement Officer,
Survey and Settlement,
Survey House 3rd Floor,
Chetpauk, Chennai-600 005.
https://www.mhc.tn.gov.in/judis
W.P.No.6912 of 2023
S.M.SUBRAMANIAM. J.,
(sha)
W.P.No.6912 of 2023
07.07.2023
https://www.mhc.tn.gov.in/judis
