Disposed

M.Kaliaperumal v. The District Collector

Madras HC2 Jul 2019WP/18388/2019

Case brief

AI extract

What is this about?

The High Court of Madras disposed of a writ petition seeking removal of encroachment in an irrigation lake. The court held that Section 10 of the Tamil Nadu Patta Pass Book Act mandates the statutory procedure for modification of entries and directed the Tahsildar to issue orders within three weeks while adhering to the Act's appeal and revision provisions.

What did the court decide?

The 2nd respondent (Tahsildar) directed to proceed within three weeks as per the memo dated 07.11.2018 following the procedure under Section 10 of the Tamil Nadu Patta Pass Book Act, 1983.

M.Kaliaperumal Vs The District Collector — Public Procurement and Tenders | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 02.07.2019

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CORAM:

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THE HONOURABLE MR.JUSTICE S.MANIKUMAR and THE HONOURABLE MR.JUSTICE SUBRAMONIUM PRASAD

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W.P.No.18388 of 2019

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M.Kaliaperumal .. Petitioner Vs. 1. The District Collector, Villupuram District, Villupuram. 2. The Tashildar (Revenue), Vikravandi Taluk, Villupuram District, Villupuram. 3. The Executive Engineer, Public Works Department, Villupuram District, Villupuram. 4. Kaliyaperumal. .. Respondents

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Prayer: Writ Petition is filed under Article 226 of the Constitution of India, issuance of a Writ of Mandamus, directing the respondents 1 to 3 to remove the encroachments in the irrigation lake maintained by the Public Works Department at Vazhudavur Village, Kandamangalam Union, Vikravandi Circle, Villupuram District in pursuance of the letter of the 1st respondent dated 07.11.2018, within a time frame.

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For Petitioner : Mr.K.S.Ilangovan

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For Respondents: Mr.Akhil Akbarali (For R1 to R3) Government Advocate.

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O R D E R

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(Order of this Court was made by S.Manikumar, J.)

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Alleging that 4^th respondent has encroached upon 60 cents of lands in the irrigation lake maintained by the Public Works Department at Vazhudavur Village, Kandamangalam Union,

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https://hcservices.ecourts.gov.in/hcservices/

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Vikravandi Circle, Villupuram District, petitioner has sent a representation dated 26.10.2018 to the District Collector, Villupuram District. He has also stated that there are other encroachers as well. The representation dated 26.10.2018 sent to the District Collector, Villupuram District, is as follows;

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njjp 26/10/2018 mDg;g[du; K/fypabgUkhs; j-bg/KUnfrf; ft[z;lu; vz;/177-1. nkl;Lj;bjU. tGjht{u; m";ry;. tpGg;g[uk; khtl;lk;/ bgWjy; cau;jpU khtl;l Ml;rpau; mtu;fs; tpGg;g[uk; bghUs; Vhpapy; cs;gFjpapy; rhFgo bra;tjhy; Vhpapy; jz;zPu; epuk;g[k;nghJ kjFfis jpwe;JtpLfpd;wdu;/ ma;ah. tpGg;g[uk; khtl;lk;. tpf;fputhz;o tl;lk; fz;lk';fyk; xd;wpak; tGjht{u; fpuhkj;jpy; bghJg;gzp Jiwf;F brhe;jkhd Vhp cs;sJ/ ,jpy; Rkhu; 500 Vf;fu;f;F nky; ghrd trjp bgWk; Mdhy; ,e;j cs;gFjpapy; fypabgUkhs; j-bg/KDrhkp vd;gtUf;F 60 brd;l; epyk; gl;lh tH';fg;gl;Ls;sJ/ ,jid bfhz;L ,tu; Rkhu; 6 Vf;fu; muR g [wk;nghf;F epyj;jpy; rhFgo bra;J tUfpwhu;/ ,tiu ghh;j;J Rkhu; 25 egh;fSf;F nky; Vhpapd; cs; rhFgo bra;fpd;wdu; ,jdhy; midtUk; xd;W nru;e;J Vhpapd; kjFfis jpwe;Jtpl;L jz;zPu; njf;f Koahky; bra;J tpLfpd;wdu;/ ,jdhy; Vhpapd; fPh; cs;s epy';fSf;F nghjpa ePu; fpilf;fhky; rhFgo bra;aKoahky; ngha;tpLfpwJ/ vdnt VhpapDs; bfhLf;fg;gl;l 60 brd;l; epyj;jpd; gl;lhit uj;J bra;J Vhpapd; cs;ns rhFgo bra;gtu;fis btspnaw;wpdhy; kl;Lnk nkw;go Vhpapy; ePu; epuk;g[k;/ ma;ah mtu;fs; jf;f eltof;if vLf;FkhW nfl;Lf;bfhs;fpnwd;/ , g;bghGJ Tl Vhpapd; kjFfs; jpwe;J jz;zPu; btspnaWf;bfhz;L cs;sJ vd;gij j';fs; ftdj;jpw;F bfhz;LtUfpnwd;/

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,g;gof;F.

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Representation of the petitioner dated 26.10.2018 has been forwarded to the Tahsildar (Revenue), Vikravandi for suitable action. Copy of the memo dated 07.11.2018 of the

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https://hcservices.ecourts.gov.in/hcservices/

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District Collector, Villupuram has also been sent to the writ petitioner and the same is as follows:

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X/K/(M7)-31014-2018 khtl;l Ml;rpau; mYtyfk; ehs; 07/11/2018 tpGg;g[uk; Fwpg;ghiz bghUs; g[fhu; ? tpGg;g[uk; khtl;lk;. tGjht{u; fpuhkj;ijr; nru;e;j jpU/fypabgUkhs; vd;gtu; ? bghJg;gzp Jiwf;F brhe;jkhd Vhpapy; rhFgo bra;tjhy; Vhpapy; jz;zPu; epug;g[k; nghJ kjFfis jpwe;JptLtjhf bfhLj;J bfhz;l kD? bjhlu;ghf ghu;it jpU/fypabgUkhs; Kd;dhy; Cuhl;rp kd;w jiytu;. tGjht{u; vd;gthpd; kD ehs; 26/10/2018 ?????? tpGg;g[uk; khtl;lk;. tpf;fputhz;o tl;lk;. tGjht{u; fpuhkj;ijr; nru;e;j jpU/fypabgUkhs; vd;gtu; fz;lk';fyk; xd;wpak; tGjht{u; fpuhkj;jpy; bghJg;gzp Jiwf;F brhe;jkhd Vhp cs;sjhft[k; mjd; cs;gFjpay; jpU/fypabgUkhs;. j-bg/KDrhkp vd;gtUf;F 60 brd;l; epyk; gl;lh tH';fg;gl;ljhft[k;. Vhpapy; bfhLf;fg;gl;l 60 brd;l; epyj;jpd; gl;lhit uj;J bra;jpLkhW ghh;itapy; fhQqk; kDtpid mspj;Js;shu;/ nkw;go kDjhuhpd; kDtpd; kPJ eltof;if nkw;bfhz;L mjd; tpguj;jpid kDjhuUf;F bjhptpj;J mjd; efy; xd;wpid , t;tYtyfj;jpw;F mDg;gpLkhW nfl;Lf;bfhs;fpnwd;/ ,izg;g[ kD mryhf Xk;- ? H.M.FHe;ijrhkp. khtl;l Ml;rpaUf;fhf tpGg;g[uk;/ --c/e/c/g/-jiyik cjtpahsu; bgWeu; tUtha; tl;lhl;rpau; tpf;fputhz;o efy; jpU/fypabgUkhs; Kd;dhs; Cuhl;rp kd;w jiytu; tGjht{u; m";ry;. tpf;fputhz;o tl;lk;. tpGg;g[uk; tl;lk;?605 502 3. Subsequently, the petitioner has sent another

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https://hcservices.ecourts.gov.in/hcservices/

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representation dated 28.10.2018, which is stated to have been acknowledged by the District Collector, Villupuram District.

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Contending inter alia that no further action is taken on the memo dated 07.11.2018 issued by the District Collector, Villupuram District, instant writ petition is filed for a writ of Mandamus, directing the respondents 1 to 3 to remove the encroachments in the irrigation lake maintained by the Public Works Department at Vazhudavur Village, Kandamangalam Union, Vikravandi Circle, Villupuram District in pursuance of the memo of the 1st respondent dated 07.11.2018, within a time frame.

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Heard Mr.K.S.Ilangovan, learned counsel for the petitioner and perused the materials available on record.

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Insofar as 60 cents stated to be in possession of 4th respondent, patta is stated to have been given. Contending inter alia that there is an encroachment in the irrigation lake maintained by the Public Works Department at Vazhudavur Village, Kandamangalam Union, Vikravandi Circle, Villupuram District, and patta issued has to be cancelled, petitioner has submitted a representation dated 26.10.2018 to the District Collector, 1st Respondent, which has been acted upon by issuing a Memo dated 07.11.2018 to the Tahsildar (Revenue), Vikravandi, 2nd respondent.

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Section 10 of the Tamil Nadu Patta Pass Book Act, 1983, deals with modification of entries in the patta pass book and the same is extracted.

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Modification of entries in the Patta Pass Book.--- (1) Where any person claims that any modification is required in respect of any entry in the patta pass book already issued under Section 3 either by reason of the death of any person or by reason of the transfer of interest in the land or by reason of any other subsequent change in circumstances, he shall make an application to the Tahsildar for the modification of the relevant entries in the patta pass book.

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(2) An application under sub-section (1) shall contain such particulars as may be prescribed and shall be accompanied by the documents, if any, relied on by the applicant as evidence in support of his claim.

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(3) (a) Before passing an order on an application under sub-section (1), the Tahsildar shall follow such procedure as may be prescribed and shall also give a reasonable opportunity to the parties concerned to make their representations

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https://hcservices.ecourts.gov.in/hcservices/

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either orally or in writing. If the Tahsildar decides that any modification should be make in respect of entries in the patta pass book, he shall pass an order accordingly and shall make such consequential changes in the patta pass book, as appeal to him to be necessary, for giving effect to his order.

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(b) If the Tahsildar decides that there is no case for effecting any modification in the entries in the patta pass book, he shall reject the application.

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(v) An order under clause (a) or clause (b) shall contain the reasons for such order and shall be communicated to the parties concerned in such manner as may be prescribed.

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Section 11 of the Tamil Nadu Patta Pass Book Act, 1983 deals with Persons to furnish information and the same is as follows:

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Persons to furnish information--- (1) any person whose rights or interests are required to be, or have been entered in any patta pass book under this Act shall be bound, on the requisition of the Tahsildar engaged in preparing or modifying the entires in the patta pass book, to furnish or produce for his inspection within such time as may be specified in such requisition, or within such further time as the Tahsildar may, in his discretion allow, all such information or documents needed for the correct preparation or revision thereof as may be within his knowledge or in his possession or power.

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(2) Where any information is furnished or any document is produced in accordance with the requisition under sub-section(1), the Tahsildar or any officer authorised by him in this behalf shall give a written acknowledgement, thereof to the person furnishing or producing the same and shall endorse on such document a note under his signature stating the fact of its production and the date thereof.

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Section 12 and 13 of the Tamil Nadu Patta Pass Book Act, 1983 provides for appeal and revision and the same are extracted.

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Appeal--- Any person aggrieved by an order made by the Tahsildar under this Act may, within such period as may be prescribed, appeal to such authority as may be prescribed and the decision of such authority on such appeal shall subject to the provisions of section 13, be final.

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Revision - Any officer of the Revenue Department not below the rank of District Revenue Officer authorised by the Government, by notification

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in this behalf for such area as may be specified in the notification, may of his own motion or on the application of a party call for and examine the records of any Tahsildar or appellate authority within his jurisdiction in respect of any proceeding under this Act and pass such orders as he may think fit:

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Provided that no such order prejudicial to any person shall be made unless he has been given a reasonable opportunity of making his representation.

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Thus, the petitioner has already taken steps for modification of patta. Tahsildar (Revenue), Vikravandi Taluk, Villupuram District, 2nd respondent, is directed to proceed further as directed in the memo dated 07.11.2018 and pass appropriate orders in accordance with law, within a period of three weeks from the date of receipt of a copy of this order, after following the procedure, contemplated under the Act. In the event of any order passed in the interest adverse to the petitioner, under Section 10 of the Tamil Nadu Patta Pass Book Act, 1983 we make it clear that the petitioner has an alternative remedy under the Act.

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In respect of the averments that there are other encroachers, there are no supporting documents. On the contra, it could be deduced from the material on record, writ petition is solely filed against the 4th respondent.

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With the above directions, the writ petition is disposed of. No Costs.

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Sd/Deputy Registrar (CJ Conf) //True Copy//

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Sub Assistant Registrar

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Ars

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The District Collector, Villupuram District, Villupuram.

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The Tashildar (Revenue), Vikravandi Taluk, Villupuram District, Villupuram.

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https://hcservices.ecourts.gov.in/hcservices/

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The Executive Engineer, Public Works Department, Villupuram District, Villupuram.

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+1cc to Mr.Achari & Antoni Associates, Advocate, S.R.No. 55003 +1cc to the Government Pleader, S.R.No. 55180

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W.P.No.18388 of 2019

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VG II(CO) GN(22/07/2019)

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https://hcservices.ecourts.gov.in/hcservices/

M.Kaliaperumal v. The District Collector

Case brief

What is this about?

What did the court decide?

M.Kaliaperumal v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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