Madras High Court
Abirami vs The District Collector on 22 June, 2023
W.P.No.18242 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.06.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.18242 of 2023
Abirami ... Petitioner
Vs.
1.The District Collector,
Collectorate,
Kancheepuram District.
2.The Tahsildar,
Taluk Office,
Uthiramerur,
Kancheepuram District. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Mandamus, directing the 2nd respondent to issue Patta
based on the petitioner representation dated 09.01.2023.
For Petitioner : Mr.L.Ramu
For Respondents : Mr.S.Ravichandran,
Additional Government Pleader
Page 1 of 8
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W.P.No.18242 of 2023
ORDER
The relief sought for in the present writ petition is to direct the 2nd
respondent to issue Patta based on the petitioner representation dated
09.01.2023.
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 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
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W.P.No.18242 of 2023
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
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W.P.No.18242 of 2023
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 circumstances, the
applicants/appellants may be granted liberty to
approach the competent authorities only after
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W.P.No.18242 of 2023
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.18242 of 2023
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W.P.No.18242 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.
22.06.2023
Jeni
Index : Yes
Speaking order
Neutral Citation : Yes
To
1.The District Collector,
Collectorate,
Kancheepuram District.
2.The Tahsildar,
Taluk Office,
Uthiramerur,
Kancheepuram District.
https://www.mhc.tn.gov.in/judis
W.P.No.18242 of 2023
S.M.SUBRAMANIAM, J.
Jeni
W.P.No.18242 of 2023
22.06.2023
https://www.mhc.tn.gov.in/judis
