In W.P.No.27336 of 2023, the Madras High Court disposed of a petition seeking a writ of mandamus to direct the respondent to change the petitioner's name in a Patta register. The court held the case similar to a batch of petitions in W.P.No.262 of 2018 and disposed of the present writ without passing specific orders.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No.27336 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.09.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.27336 of 2023
P.Gandhimathi
...Petitioner
Vs
The Tahsildar, Kuthalam Taluk, Nagapattinam District. ...Respondent
Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondent to consider the petitioner's application dated 20.07.2022, consequently direct the respondent to change the petitioner's name in the Patta with respect to the properties in S.Nos.946, 947(3B), 947(4B) in Komal west Village, Kuthalam, Nagapattinam District.
For Petitioner : Mr.S.N.Subramani For Respondent : Mr.P.Sanjay Gandhi Government Advocate
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W.P.No.27336 of 2023
ORDER
The relief sought for in the present writ petition is to direct the
respondent to consider the petitioner's application dated 20.07.2022 and consequently direct the respondent to change the petitioner's name in the Patta with respect to the properties in S.Nos.946, 947(3B), 947(4B) in Komal west Village, Kuthalam, Nagapattinam District.
this Court in a batch of writ petitions in W.P.No.262 of 2018 [D.Tulasi Vs.
The District Revenue Officer, Dharmapuri] etc., and batch , and a judgment was delivered on 09.06.2023. Subsequently, a circular dated 17.07.2023 has been issued by the Commissioner of Land Administration in Circular No. R1/2005632/2022. The relevant paragraphs of the above said judgment are
extracted hereunder:
“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:
1. The Commissioner of Land Administration is directed to issue orders to all the competent authorities under his control across the State of
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W.P.No.27336 of 2023
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.
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.
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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W.P.No.27336 of 2023
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.
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.
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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W.P.No.27336 of 2023
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.
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. 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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W.P.No.27336 of 2023
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.”
19.09.2023
cse Index:Yes Speaking order Neutral Citation:Yes/No
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W.P.No.27336 of 2023
To
The Tahsildar, Kuthalam Taluk, Nagapattinam District.
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W.P.No.27336 of 2023
S.M.SUBRAMANIAM, J.
cse
W.P.No.27336 of 2023
19.09.2023
Page 8 of 8
P.Gandhimathi
The Tahsildar, Kuthalam Taluk, Nagapattinam District
S.M.SUBRAMANIAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
