This Single Judge, following a previous batch judgment on patta issuance procedures, disposed of a writ petition seeking a writ of mandamus for the issuance of a patta to the petitioner for specific land, directing the competent authorities to adhere to seniority and prescribed rules.
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.
WP No.6252 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10-08-2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
WP No.6252 of 2023
Paulraj
... Petitioner
Vs.
2.The Tahsildar, Ponneri Taluk, Thiruvallur District. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the second respondent herein to issue patta to the petitioner for the property situated Plot No.246, measuring an extent of 180 sq.mt., (1938 sq.ft.,) in the approved layout vide No.P.P.D/L.O.No.26/2010 comprised in Old Survey No.8/2 and New Survey No.155/2 (part) Acres 15.98 cent and in old Survey No.9 and New Survey
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No.156 (part) Acres 16.52 cent of total Acres 32.50, as per Patta No.3311 and 3226 in Survey No.155/2B1 and 156/2A, situated at Padianallur Village, Ponneri Taluk, Tiruvallur District.
For Petitioner : Mr.S.Senthilvel For Respondents : Mr.D.Ravichander, Special Government Pleader.
O R D E R
The relief sought for in the present writ petition is to direct the second respondent herein to issue patta to the petitioner for the property situated Plot No.246, measuring an extent of 180 sq.mt., (1938 sq.ft.,) in the approved layout vide No.P.P.D/L.O.No.26/2010 comprised in Old Survey No.8/2 and New Survey No.155/2 (part) Acres 15.98 cent and in old Survey No.9 and New Survey No.156 (part) Acres 16.52 cent of total Acres 32.50, as per Patta No.3311 and 3226 in Survey No.155/2B1 and 156/2A, situated at Padianallur Village, Ponneri Taluk, Tiruvallur District.
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adjudicated by this Court in a batch of writ petitions in WP No.262 of 2018 etc. batch [D.Tulasi vs. The District Revenue Officer, Dharmapuri] and 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 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
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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.
(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
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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.
(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
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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.
(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
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Administration.”
similar to that of the cases (cited supra), the present writ petition is also to
be considered on the same line.
However, there shall be no order as to costs.
10-08-2023
Index : Yes/No Internet: Yes/No Speaking order/Non-Speaking order Neutral Citation : Yes/No Svn
To
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S.M.SUBRAMANIAM, J.
Svn
WP 6252 of 2023
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WP No.6252 of 2023
10-08-2023
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2 issues framed by the court
Whether the writ petition seeking patta issuance in accordance with the Tulasi batch judgment should be disposed of.
Whether the petitioners can be directed to follow the procedure laid down for patta registration cases.
Colour shows how this judgement treated each authority
D.Tulasi vs. The District Revenue Officer, DharmapuriFollowed¶24
WP No.262 of 2018 etc. batch [D.Tulasi vs. The District Revenue Officer, Dharmapuri]
2 provisions across 2 enactments
Paulraj
Revenue Divisional Officer, Ponneri Division, Thiruvallur District
Tahsildar, Ponneri Taluk, Thiruvallur District
S.M.Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
