Senkuttuvan vs The District Collector
2023 Latest Caselaw 12091 Mad

Citation : 2023 Latest Caselaw 12091 Mad
Judgement Date : 8 September, 2023

Madras High Court

Senkuttuvan vs The District Collector on 8 September, 2023

                                                                                  W.P.No.26202 of 2023

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 08.09.2023

                                                       CORAM

                            THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

                                                 W.P.No.26202 of 2023

                     1.Senkuttuvan
                     2.Kala                                                   ... Petitioners

                                                          Vs.

                     1.The District Collector,
                       Ariyalur District.

                     2.The Revenue Divisional Officer,
                       Udayarpalayam,
                       Ariyalur District.

                     3.The Tahsildar,
                       Udayarpalayam,
                       Ariyalur District.

                     4.The Block Development Officer,
                       Jayamkondam, Udayarpalayam Taluk,
                       Ariyalur District.

                     5.The Panchayat President,
                       Thaluthalai Medu Panchayat,
                       Udayarpalayam,
                       Ariyalur District.                                     ... Respondents

                     Prayer: Writ Petition filed under Article 226 of the Constitution of India for
                     issuance of a Writ of Mandamus, directing the third respondent to consider

                     Page 1 of 8

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                                                                                          W.P.No.26202 of 2023

                     the petitioner's representation dated 05.06.2023 for issuance of patta, based
                     on sale deeds No.2257/1947 and 992/1980.


                                        For Petitioners           : Mr.M.Ravi

                                        For Respondents 1 to 3 : Mr.T.Arum Kumar
                                                                 Additional Government Pleader

                                        For Respondents 4 & 5 : Mrs.N.Senthil Selvi,
                                                                Government Advocate


                                                             ORDER

The relief sought for in the present writ petition is to direct the third

respondent to consider the petitioner's representation dated 05.06.2023 for

issuance of patta, based on sale deeds No.2257/1947 and 992/1980.

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. Subsequently, a circular dated 17.07.2023 has

been issued by the Commissioner of Land Administration in Circular No.

R1/2005632/2022. The relevant paragraphs of the above said judgment are

extracted hereunder:

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“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 be recorded by the Competent authority,

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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 facts regarding civil rights between the parties exists.

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(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.

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(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 petitioners is also similar to

that of the cases (cited supra), the case of the petitioners is also to be

considered on the same line.

4. Accordingly, this Writ Petition stands disposed of. No costs.

08.09.2023

Index : Yes Speaking order

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1.The District Collector, Ariyalur District.

2.The Revenue Divisional Officer, Udayarpalayam, Ariyalur District.