Madras High Court
Ajeesh vs The Commissioner Of Lands on 30 August, 2023
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
2023:MHC:4362
W.P.No.8401, 8256, 8266, 8267 & 7449 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.08.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.Nos.8401, 8256, 8266, 8267 & 7449 of 2023
1.Ajeesh ... Petitioner
W.P.No.8401 of 2023
2.Devi ... Petitioner
W.P.No.8256 of 2023
3.Karuppathal ... Petitioner
W.P.No.8266 of 2023
4.Sarasal ... Petitioner
W.P.No.8267 of 2023
5.Nachi ... Petitioner
W.P.No.7449 of 2023
Vs.
1.The Commissioner of Lands,
Land Reforms,
Chepauk, Chennai - 5.
2.The District Collector,
Coimbatore District.
3.The Sub Collector,
Pollachi, Coimbatore District. ... Respondents
in 5 WPs
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W.P.No.8401, 8256, 8266, 8267 & 7449 of 2023
Prayer in W.P.No.8401 of 2023: Writ Petition filed under Article 226 of the
Constitution of India for issuance of a Writ of Mandamus, directing the 3rd
Respondent to issue Ayan patta in the petitioner's name for the land
comprised in Survey No.566/3A2 now renumbered as Survey No.566/12, to
an extent of 98.8 cents, situated at Puravipalayam Village, Pollachi Taluk,
Coimbatore District.
Prayer in W.P.No.8256 of 2023: Writ Petition filed under Article 226 of the
Constitution of India for issuance of a Writ of Mandamus, directing the 3rd
Respondent to issue Ayan patta in the petitioner's name for the land
comprised in Survey No.566/3A2 now renumbered as Survey No.566/8, to an
extent of 95.1 cents, situated at Puravipalayam Village, Pollachi Taluk,
Coimbatore District.
Prayer W.P.No.8266 of 2023: Writ Petition filed under Article 226 of the
Constitution of India for issuance of a Writ of Mandamus, directing the 3rd
Respondent to issue Ayan patta in the petitioner's name for the land
comprised in Survey No.566/3A2 now renumbered as Survey No.566/3, to an
extent of 95.1 cents, situated at Puravipalayam Village, Pollachi Taluk,
Coimbatore District.
Prayer in W.P.No.8267 of 2023: Writ Petition filed under Article 226 of the
Constitution of India for issuance of a Writ of Mandamus, directing the 3rd
Respondent to issue Ayan patta in the petitioner's name for the land
comprised in Survey No.566/3A2 now renumbered as Survey No.566/4, to an
extent of 95.1 cents, situated at Puravipalayam Village, Pollachi Taluk,
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W.P.No.8401, 8256, 8266, 8267 & 7449 of 2023
Coimbatore District.
Prayer in W.P.No.7449 of 2023: Writ Petition filed under Article 226 of the
Constitution of India for issuance of a Writ of Mandamus, directing the 3rd
Respondent to issue Ayan patta in the petitioner's name for the land
comprised in Survey No.565/2 now renumbered as Survey No.566/12, to an
extent of 97.6 cents, situated at Puravipalayam Village, Pollachi Taluk,
Coimbatore District.
For Petitioners : Mr.M.Vijayaragavan
(in 5 W.Ps)
For Respondents : Mr.R.Neelakandan
Additional Advocate General
Assisted by Mr.G.Krishna Raja
Additional Government Pleader
(in 5 W.Ps)
COMMON ORDER
The relief sought for in these writ petitions is to direct the 3rd respondent to issue Ayan Patta in the petitioners name for their respective lands situated at Puravaipalayam Village, Pollachi Taluk, Coimbatore District.
2. The issues raised in these writ petitions were adjudicated by this Page 3 of 9 https://www.mhc.tn.gov.in/judis W.P.No.8401, 8256, 8266, 8267 & 7449 of 2023 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 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 Page 4 of 9 https://www.mhc.tn.gov.in/judis W.P.No.8401, 8256, 8266, 8267 & 7449 of 2023 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 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.Page 5 of 9
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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.
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 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 Page 6 of 9 https://www.mhc.tn.gov.in/judis W.P.No.8401, 8256, 8266, 8267 & 7449 of 2023 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 Administration.”
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.
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4. Accordingly, these Writ Petitions stand disposed of. No costs.
30.08.2023 rjr/jeni Index : Yes / No Neutral Citation : Yes / No Speaking order / Non-speaking order To
1.The Commissioner of Lands, Land Reforms, Chepauk, Chennai - 5.
2.The District Collector, Coimbatore District.
3.The Sub Collector, Pollachi, Coimbatore District.
Page 8 of 9https://www.mhc.tn.gov.in/judis W.P.No.8401, 8256, 8266, 8267 & 7449 of 2023 S.M.SUBRAMANIAM, J.
rjr/jeni W.P.Nos.8401, 8256, 8266, 8267 and 7449 of 2023 30.08.2023 Page 9 of 9 https://www.mhc.tn.gov.in/judis