Disposed

D.Magalingam v. the District Collector

Madras HC14 Jul 2023WP/20938/2023

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking a mandamus to conduct an enquiry and issue Patta. The Court applied a prior judgment (W.P.No.262 of 2018) which laid down procedures for Patta applications. Finding the petitioner's case similar, the Court disposed of the petition without passing fresh orders.

What did the court decide?

The writ petition was disposed of with no costs, applying the orders passed in a related batch of writ petitions.

D.Magalingam Vs the District Collector — Specific Performance | Madras HC (2023)

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W.P.No.20938 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 14.07.2023

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CORAM

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THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

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W.P.No.20938 of 2023

D.Magalingam

... Petitioner

Vs.

1.The District Collector, Collector Office, Thiruvallur District.

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2.The Revenue Divisional Officer, Office of the RDO, Tiruttani, Tiruvallur District.

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3.The Tahsildar, Tiruttani, Tiruvallur District.

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4.The District Surveyor, Office of the Tahsildar, Tiruttani, Tiruvallur District.

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5.The Firka Surveyor, Office of the Tahsildar, Tiruttani, Tiruvallur District.

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6.The Surveyor, Office of the Tahsildar, Tiruttani, Tiruvallur District.

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Page 1 of 8

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

W.P.No.20938 of 2023

7.V.Kuppusamy

... Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 2 nd respondent to conduct an enquiry based on petitioner's representations dated 08.01.2019, 01.11.2021, 09.06.2022, 24.6.2022 and 03.08.2022 and after rectifying the defective Patta, to issue Patta in Petitioner name and Petitioner off springs for the property more fully described in Schedule annexed hereunder.

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For Petitioner : Mr.G.A.Thiyagarajan For R1 to R6 : 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 present writ petition is to direct the 2 nd

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respondent to conduct an enquiry based on petitioner's representations dated 08.01.2019, 01.11.2021, 09.06.2022, 24.6.2022 and 03.08.2022 and after rectifying the defective Patta, to issue Patta in Petitioner name and Petitioner off springs for the property more fully described in Schedule annexed hereunder.

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The issues raised in the present writ petition were adjudicated by this

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Court in a batch of writ petitions in W.P.No.262 of 2018 [D.Tulasi Vs. The

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

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W.P.No.20938 of 2023

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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:

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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 as

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W.P.No.20938 of 2023

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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 within

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W.P.No.20938 of 2023

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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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W.P.No.20938 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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In view of the fact that the case of the petitioner is also similar to that

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of the cases (cited supra ), the case of the petitioner is also to be considered on the same line.

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

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14.07.2023

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Jeni Index : Yes Speaking order Neutral Citation : Yes

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

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W.P.No.20938 of 2023

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1.The District Collector, Collector Office, Thiruvallur District.

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2.The Revenue Divisional Officer, Office of the RDO, Tiruttani, Tiruvallur District.

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3.The Tahsildar, Tiruttani, Tiruvallur District.

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4.The District Surveyor, Office of the Tahsildar, Tiruttani, Tiruvallur District.

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5.The Firka Surveyor, Office of the Tahsildar, Tiruttani, Tiruvallur District.

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6.The Surveyor, Office of the Tahsildar, Tiruttani, Tiruvallur District.

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

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W.P.No.20938 of 2023

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S.M.SUBRAMANIAM, J.

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Jeni

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W.P.No.20938 of 2023

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14.07.2023

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

D.Magalingam v. the District Collector

Case brief

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D.Magalingam v. the District Collector

Case brief

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