Disposed

G.Sundaresan v. the District Collector

Madras HC21 Jul 2023WP/21636/2023

Case brief

AI extract

What is this about?

A single judge of the Madras High Court disposed of a writ petition by holding that the petitioner was entitled to the relief granted in a batch of earlier similar petitions (“W.P.Nos.262 of 2018”) delivered on 09.06.2023.

What did the court decide?

The writ petition stands disposed of on the same lines as the batch of writ petitions W.P.Nos.262 of 2018 decided on 09.06.2023. No costs.

G.Sundaresan Vs the District Collector — Land Acquisition | Madras HC (2023)

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W.P.No.21636 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 21.07.2023

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CORAM

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THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM

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W.P.No.21636 of 2023

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G.Sundaresan ... Petitioner Vs. 1.The District Collector, Vellore District. 2.The Revenue Divisional Officer, Kudiyatham, Vellore District. 3.The Tahsildar, Taluk Office, K.V.Kuppam, Vellore District. 4.Selvi 5.Karthi 6.Prabhu 7.Divya ... Respondents

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Prayer :- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, directing the official respondents to cancel the patta bearing No.407 stands in the name of

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

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predecessor of respondents 4 to 7 with respect to land comprised in S.No. 111/3D over an extent of 0.15.50 Hecs. in Melmail Village, K.V.Kuppam Taluk, Vellore District within the time stipulated by this Honourable Court.

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For Petitioner : Mr.M.Muthappan For Respondents : (for R1 to R.3) : Mr.G.Krishnaraja, Additional 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 official respondents to cancel the patta bearing No.407 stands in the name of predecessor of respondents 4 to 7 with respect to land comprised in S.No. 111/3D over an extent of 0.15.50 Hecs. In Melmail Village, K.V.Kuppam Taluk, Vellore District within the time stipulated by this Honourable Court.

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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

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paragraphs of the judgment are extracted hereunder:

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W.P.No.21636 of 2023

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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 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.

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W.P.No.21636 of 2023

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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 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 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

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W.P.No.21636 of 2023

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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 that of the cases (cited supra ), the case of the petitioner is also to be considered on the same line. Accordingly, this writ petition stands disposed of . No costs.

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(sha) 21.07.2023 Index : Yes Speaking Order Neutral Citation : Yes

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1.The District Collector, Vellore District.

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2.The Revenue Divisional Officer, Kudiyatham, Vellore District.

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3.The Tahsildar, Taluk Office,

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

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W.P.No.21636 of 2023

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S.M.SUBRAMANIAM. J.,

(sha)

W.P.No.21636 of 2023

21.07.2023

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

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G.Sundaresan v. the District Collector

Case brief

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G.Sundaresan v. the District Collector

Case brief

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