Partly allowed

M.Yadhava Perumal v. The District Collector

Madras HC3 Jul 2023WP/11923/2023

Case brief

AI extract

What is this about?

This Single Judge order dismissed the writ petition under Article 226 seeking patta issuance for agricultural property. The Court disposed of the matter relying on recent batch judgments regarding Patta Pass Book Act procedures, noting the petitioner's case was similar to adjudicated cases.

What did the court decide?

The writ petition was disposed of, with no costs awarded; consequently, the connected miscellaneous petition was closed.

M.Yadhava Perumal Vs The District Collector — Property and Title | Madras HC (2023)

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W.P.No.11923 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 03.07.2023

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CORAM

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THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

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W.P.No.11923 of 2023 and

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W.M.P.No.11803 of 2023

Mr.Yadhava Perumal

... Petitioner

Vs.

1.The District Collector, Chennai Collector's Office, Chennai – 600 001.

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2.The Thasildar, Maduravoyal Taluk, Alapakkam Village, Chennai – 600 095.

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3.The Commissioner, Greater Chennai Corporation, Chennai – 600 003.

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4.The Zonal Officer,

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11^th Zone, Valasaravakkam, Chennai Corporation, Chennai – 600 087.

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5.The Executive Engineer,

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11^th Zone, Valasaravakkam, Chennai Corporation, Chennai – 600 087.

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Page 1 of 8

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https://www.mhc.tn.gov.in/judis

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W.P.No.11923 of 2023

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6.The Assistant Executive Engineer, 11^th Zone, Valasaravakkam, Chennai Corporation, Chennai – 600 087.

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... Respondents

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Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue Writ of Mandamus, directing the second respondent to consider the issuance of patta for petitioner property measuring an extent of 4 cents in S.No.384/1 considering the recommendation dated 23.02.2004 given by the first respondent within a time frame fixed by this Hon'ble Court.

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For Petitioner : Mr.R.Sreedhar For R1 & R2 : Mr.D.Ravichander, Special Government Pleader For R3 to R6 : No appearance

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O R D E R

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The writ petition has been filed for directing the second respondent to

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consider the issuance of patta for property of the petitioner measuring an extent of 4 cents in S.No.384/1 considering the recommendation dated 23.02.2004 given by the first respondent within a time frame fixed by this Hon'ble Court.

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https://www.mhc.tn.gov.in/judis

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W.P.No.11923 of 2023

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2.The issues raised in the present writ petition were adjudicated by

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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:

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“33. In view of the anomalous situation created on

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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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(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.

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(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.

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W.P.No.11923 of 2023

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(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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(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.

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(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

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W.P.No.11923 of 2023

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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.

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(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.

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(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.

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W.P.No.11923 of 2023

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(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.”

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3.In view of the fact that the case of the petitioner is also similar to

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that of the cases (cited supra ), this writ petition stands disposed of . No costs. Consequently, the connected miscellaneous petition is closed.

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03.07.2023

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skr Index : Yes Speaking order

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https://www.mhc.tn.gov.in/judis

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W.P.No.11923 of 2023

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1.The District Collector, Chennai Collector's Office, Chennai – 600 001.

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2.The Thasildar, Maduravoyal Taluk, Alapakkam Village, Chennai – 600 095.

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3.The Commissioner, Greater Chennai Corporation, Chennai – 600 003.

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4.The Zonal Officer, 11^th Zone, Valasaravakkam, Chennai Corporation, Chennai – 600 087.

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5.The Executive Engineer, 11^th Zone, Valasaravakkam, Chennai Corporation, Chennai – 600 087.

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6.The Assistant Executive Engineer,

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11^th Zone, Valasaravakkam, Chennai Corporation, Chennai – 600 087.

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Page 7 of 8

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https://www.mhc.tn.gov.in/judis

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W.P.No.11923 of 2023

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S.M.SUBRAMANIAM, J.

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skr

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W.P.No.11923 of 2023

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03.07.2023

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Page 8 of 8

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https://www.mhc.tn.gov.in/judis

M.Yadhava Perumal v. The District Collector

Case brief

What is this about?

What did the court decide?

M.Yadhava Perumal v. The District Collector

Case brief

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