Thirukumaran vs The District Collector
2023 Latest Caselaw 7901 Mad

Citation : 2023 Latest Caselaw 7901 Mad
Judgement Date : 10 July, 2023

Madras High Court

Thirukumaran vs The District Collector on 10 July, 2023

                                                                            W.P.No.20291 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 10.07.2023

                                                       CORAM :

                             THE HONOURABLE MR. JUSTICE S.M. SUBRAMANIAM

                                                  W.P.No.20291 of 2023
                                                          and
                                                 W.M.P.No.19640 of 2023

                     Thirukumaran                                         ... Petitioner
                                                            Vs.

                     1.The District Collector,
                       Dharmapuri,
                       Dharmapuri District.

                     2.The District Revenue Officer,
                       Dharmapuri,
                       Dharmapuri District.

                     3.The Revenue Divisional Officer,
                       Harur,
                       Dharmapuri District.

                     4.The Tahsildhar,
                       Tahsildhar Office,
                       Pappireddipatty,
                       Dharmapuri District.

                     5.Sathiyamoorthy                                     ... Respondents




                     Page 1 of 9
https://www.mhc.tn.gov.in/judis
                                                                                       W.P.No.20291 of 2023




                     PRAYER : Writ Petition filed under Article 226 of the Constitution of India,
                     to issue a Writ of Certiorarified Mandamus to call for the records of the 2nd
                     respondent in Mu.Mu.No.28063/2022/P2, dated 15.06.2023, and to quash
                     the same as erroneous, illegal, incompetent and unsustainable.


                                        For Petitioner           : Mr.V.Sakkarapani

                                        For R1 to R4             : Mr.D.Ravichander
                                                                   Special Government Pleader


                                                           ORDER

The relief sought for in the present writ petition is to call for the

records of the 2nd respondent in Mu.Mu.No.28063/2022/P2, dated

15.06.2023, and to quash the same as erroneous, illegal, incompetent and

unsustainable.

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 v.

The District Revenue Officer, Dharmapuri] etc., and batch, and a

judgment was delivered on 09.06.2023 and the relevant paragraph of the

judgment is extracted hereunder:

https://www.mhc.tn.gov.in/judis W.P.No.20291 of 2023

“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 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

https://www.mhc.tn.gov.in/judis W.P.No.20291 of 2023

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 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

https://www.mhc.tn.gov.in/judis W.P.No.20291 of 2023

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. (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

https://www.mhc.tn.gov.in/judis W.P.No.20291 of 2023

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 Court is not inclined to interfere with the

impugned proceedings and the case of the petitioner is also to be considered

by the Tahsildar on the same line. Accordingly, this Writ Petition stands

disposed of. No costs. Consequently, connected miscellaneous petition is

closed.

10.07.2023 mkn

Internet : Yes Index : Yes Neutral citation : Yes / No Speaking order / Nonspeaking order

1.The District Collector, Dharmapuri, Dharmapuri District.

2.The District Revenue Officer, Dharmapuri, Dharmapuri District.