Disposed

A.Rani v. the State of Tamil Nadu

Madras HC13 Jul 2023WP/20690/2023

Case brief

AI extract

What is this about?

This batch of writ petitions sought a directive for issuance of Online Patta for specific properties. The Court disposed of these petitions along the lines of W.P.Nos.262 of 2018, incorporating previous adjudication without passing a fresh separate order on the merits.

What did the court decide?

Petitions disposed of by directing respondents to follow the orders passed in W.P.Nos.262 of 2018 regarding Patta assignment procedures.

A.Rani Vs the State of Tamil Nadu — Property and Title | Madras HC (2023)

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W.P.Nos.20690, 20695, 20696 & 20698 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 13.07.2023

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CORAM

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THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM

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W.P.No.20690, 20695, 20696 & 20698 of 2023 and

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W.M.P.Nos.20046, 20050, 20055 & 20057 of 2023

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A.Rani ... Petitioner in WP.20690/2023

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A.Raja ... Petitioner in WP.20695/2023

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A.Ravi ... Petitioner in WP.20696/2023

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A.Ramesh ... Petitioner in WP.20698/2023

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Vs.

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The State of Tamil Nadu, Rep. by its Additional Chief Secretary, Revenue and Disaster Management Department, Fort St. George, Chennai-09.

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The District Collector, Collectorate, Vengikkal, Tiruvannamalai District-606 604.

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The Tahsildar, Taluk Office, Vengikkal, Tiruvannamalai District-606 601.

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The Commissioner, Tiruvannamalai municipality, Tiruvannamalai-606 601.

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

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...Respondents in all WPs.

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W.P.Nos.20690, 20695, 20696 & 20698 of 2023

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Common Prayer :- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, directing the 2nd and 3rd respondents to issue Online Patta to the petitioner for his property bearing Door No.4, Paygopuram Street, Tiruvannamalai, being the land measuring an extent of 654 Square Feet from and out of 3270 Square Feet upon entering the Sub-divided Assignment Patta issued to the petitioner by the 2nd respondent vide Standing Order No.21 in HS (TS) 24/1407 dated 30.12.1997 considering the petitioner's representation dated 02.06.2023.

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For Petitioners in all WPs. : Mrs.Karthikaa Ashok

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For Respondents in all WPs.: Mr.D.Ravichander, Special Government Pleader

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O R D E R

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The relief sought for in the writ petition is to direct the 2nd and 3rd respondents to issue Online Patta to the petitioner for his property bearing Door No.4, Paygopuram Street, Tiruvannamalai, being the land measuring an extent of 654 Square Feet from and out of 3270 Square Feet upon entering the Sub-divided Assignment Patta issued to the petitioner by the 2nd respondent vide Standing Order No.21 in HS (TS) 24/1407 dated 30.12.1997 considering the petitioner's representation dated 02.06.2023.

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

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

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W.P.Nos.20690, 20695, 20696 & 20698 of 2023

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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 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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(3) All the applications/appeals by the respective parties are to be taken up for hearing/enquiry in the order of seniority

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https://www.mhc.tn.gov.in/judis 3/8

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W.P.Nos.20690, 20695, 20696 & 20698 of 2023

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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 Commissioner of Land Administration. In the event of no time limit, the authorities are expected to pass orders

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W.P.Nos.20690, 20695, 20696 & 20698 of 2023

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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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(9) The Higher Authorities are directed to conduct periodical

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

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W.P.Nos.20690, 20695, 20696 & 20698 of 2023

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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 cases of the petitioners are also similar to that of the cases (cited supra ), the cases of the petitioners are also to be considered on the same line. Accordingly, this writ petitions stand disposed

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of . No costs. Consequently, connected miscellaneous petitions are closed.

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(sha) Index : Yes Speaking Order Neutral Citation : Yes

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13.07.2023

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

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W.P.Nos.20690, 20695, 20696 & 20698 of 2023

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The State of Tamil Nadu, Rep. by its Additional Chief Secretary, Revenue and Disaster Management Department, Fort St. George, Chennai-09.

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The District Collector, Collectorate, Vengikkal, Tiruvannamalai District-606 604.

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The Tahsildar, Taluk Office, Vengikkal, Tiruvannamalai District-606 601.

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The Commissioner, Tiruvannamalai municipality, Tiruvannamalai-606 601.

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

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W.P.Nos.20690, 20695, 20696 & 20698 of 2023

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S.M.SUBRAMANIAM. J.,

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(sha)

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W.P.No.20690, 20695, 20696 & 20698 of 2023

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13.07.2023

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

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A.Rani v. the State of Tamil Nadu

Case brief

What is this about?

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A.Rani v. the State of Tamil Nadu

Case brief

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