Guideline issued by Madras High court regarding land survey.
W.P(MD)No.7746 of 2020 & batch cases
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 23.09.2020
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
W.P(MD)Nos.7746, 6308, 8659, 8373 of 2020 & 22506,
1628 & 5920 of 2019 & 18676, 3416,
25497, 25503, 21569, 2613, 2448 & 20163 of 2018
and W.M.P(MD)No.3548 of 2018
W.P(MD)No.7746 of 2020:-
A.Andiyappan ... Petitioner
Vs.
1.The Revenue Divisional Officer,
Revenue Divisional Office,
Iluppur Taluk, Pudukkottai District.
2.The Tahsildar,
Taluk Office,
Ponnamaravathi Taluk,
Pudukkottai District. ... Respondents
PRAYER:- Writ Petition filed under Article 226 of the Constitution of
India, praying for the issuance of a Writ of Mandamus, to direct the
second respondent to issue patta to the petitioner's property to an extent
of 8 cents of land in Survey No.79/1 in Thenur Village, Alavayal Circle,
Ponnamaravathi Taluk, Pudukkottai District on the basis of the
petitioner's representations dated 22.05.2020 and 27.05.2020.
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For Petitioner : Mr.D.Senthil
For Respondents : Mr.K.Chellapandian
Additional Advocate General
Assisted by Mr.C.Ramesh
Special Government Pleader
COMMON ORDER
Since the issues involved in all these Writ Petitions are one and
the same, they are heard together and the same is decided by means of
this common order. In a nutshell, in all these Writ Petitions, the
petitioners seek for issuance of patta, if the documents submitted by the
applicants are otherwise in order.
CONTENTIONS OF THE LEARNED COUNSEL FOR THE
PETITIONERS:
2.The main contention of the learned counsel appearing for the
petitioners in all these Writ Petitions is that the Revenue Authorities have
not considered their applications with regard to issuance of transfer of
patta and they are pending for several months / years. The further
contention of the learned counsel appearing for the petitioners is that
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despite the Government has taken a policy decision by introducing the
on-line patta transfer application through E-Seva Centres for early
disposal of the applications, still the petitioners are not able to get their
pattas within the stipulated time prescribed by the Government. The other
set of contention of the learned counsel appearing for the petitioners is
that for want of patta, the petitioners are unnecessarily land up in various
problems like they are not able to get compensation from the
Government; they are not able to get housing loan; they could not meet
out the marriage expenses of the daughter or son as the case may be; they
are not able to use the land for medical emergencies; sometimes they are
not able to use the amount through the land sold by them for the
educational purposes of their son or daughter, as the case may be; elderly
people are forced to queue in the Collectorate or the Tahsildar office to
get patta.
2.1.The further contention of the learned counsel appearing for
the petitioners is that in the present system, there is no co-ordination
between the officials concerned, due to which, common man are dragged
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into various problems. Therefore, they requested before this Court to take
earnest steps to issue directions to the Government so as to enable them
to get patta then and there. The further contention is that it is not a
herculean task to issue a patta once the land is sold to the other party and
the same is registered before the Sub-Registrar concerned, after
verification of parent document. Even in that case also, the applicants are
not getting patta on time and further contended that just to get patta,
petitions after petitions are being filed before this Court. Neither on-line
applications submitted by the applicants are disposed of by the officials
nor rejected by the authority concerned. For no reason at all, these
applications have been pending before the revenue authority for years
ago. Hence, they prayed that all the Writ Petitions may be disposed of
with suitable directions.
COMPREHENSIVE REPORT:
3.When the Writ Petitions came up for hearing on 31.07.2020,
this Court, after hearing the arguments made on either side, had posed
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many questions to the learned Special Government Pleader relating to the
issue at hand, and directed him to file a comprehensive report before this
Court on 19.08.2020. The relevant portion of the order dated 31.07.2020,
reads as follows:
“3.The Government has issued several
Government Orders with regard to patta transfer and the
same reads as follows:
i) As per the recommendation of the High Level
Committee constituted under the Chairmanship of Justice
Thiru G.Ramanujam, with regard to patta transfer that
“Reconciliation of relevant entries in the Taluk office with
these in the Sub-Registrars office should be done
systematically once in a month so that patta transfers are all
recorded up to date. Revenue Divisional Officers should
certify every quarter that this reconciliation has been duly
carried out”, the Government has issued G.O.Ms.No.117,
Revenue Department, dated 09.03.1999, in which, the
Government decided to implement the same more effectively
by fixing a time limit to dispose of the patta transfer
petitions. The Government, accordingly, directed that the
petitions relating to patta transfer should be disposed of
within 30 days for transfer of patta involving sub-divisions
and 15 days for simple transfer of patta not involving sub-
division. The Government also directed that the Revenue
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Divisional Officer / District Revenue Officer should review
the disposal of these petitions monthly and at the State level,
the heads of Government should review the work once in a
quarter and send a consolidated report to the Government.
ii) Subsequently, the Government has issued
G.O.Ms.No.210, Revenue SS-I(1) Department, dated
08.07.2011, wherein exhaustive guidelines have been issued
on petitions relating to name transfer of patta on the basis
of the announcement made by the Hon'ble Chief Minister of
Tamil Nadu.
iii) The Government has implemented online
patta transfer system and issued G.O.Ms.No.303, Revenue
[SS-II(2)] Department, dated 27.12.2016, in which the
Government ordered the Principal Secretary /
Commissioner of Survey and Settlement to implement the
online patta transfer system for transfer of registry by
superceding the procedure laid down in G.O.Ms.No.210,
Revenue Department, dated 08.07.2011 with the following
new features:
(i) The applications for patta transfer may be
received through e-service/common service centres
authorized by the competent authority for this purpose.
(ii) The applications thus received may be
processed as per the workflow mandated in the Tamil Nilam
Applications Software.
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(iii) OR-coded Digitally-Signed Land Records (copies of
A-Register and Patta) may be issued and the digital signature shall
be affixed by the Tahsildar or any other competent authority
designated for the said purpose.
(iv) Public may be provided the facility to download
such copies anytime, anywhere through an online portal created
for this purpose.
4.According to the petitioners, after 2014, in on-line
applications, all the Writ Petitions being filed with the prayer that
the authorities have not considered their applications, survey the
land and fix the boundaries. It is the second set of grievance of the
petitioner is that applications submitted for transfer of patta are
pending for several months / years.
5.Further, according to the petitioners, there is no co-
ordination among the Village Administrative Officer and Surveyors
to measure the property. It is one of the reason for delay in
completing the procedure for surveying the property or granting
patta.
6.In G.O.Ms.No.210, dated 08.07.2011, the Government
has issued an order that the application shall be processed either
by the Surveyor or by the Village Administrative Officer by fixing
the specified time to submit their report to the Deputy Tahsildar
and the Deputy Tahsildar will give a time to specify the patta
proceedings, based on the report submitted by the Village
Administrative Officer. The final order will be passed by the
Deputy Tahsildar / Tahsildar.
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7.The officials have to obey the instructions of
the Government and issue patta within the specified time,
which is the ultimate object of the Government and the same
was announced by the Chief Minister. Following the
announcement, the Government has issued Government
Order and therefore, the said officials cannot violate the
said directions of the Government, as the authority has to
comply with the directions.
Therefore, the Govt. has to answer the following
issues raised by this Court?
8.Why the officials have not taken departmental
action against the officer, despite several instructions given
by the Government. It is to be answered by the Department
for giving the effect to the implementation of the order of the
Government by disposing the said application in
accordance with procedure and rules within the specified
period.
9.As per the instructions issued by the
Government, the District Collectors should conduct the
review meeting. The Department has to file status report of
the review meeting.
10.Pursuant to the contentions, at present how
many applications are pending in the Districts to survey the
land and also applications pending for patta or to cancel
the patta, have to be answered by the District Collectors.
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11. The Government has granted stipulated time
by disposing such application and the same was announced
by the Hon'ble Chief Minister and various guidelines have
been issued to that effect. In the light of the earlier
Government Order, the Authorities have not implemented
the said order in a true letter and spirit.
12.Even on-line application is submitted there is
a delay in processing the said application and there is no
procedure to know the status of the application, if any
curable defects pointed out by the Tahsildar, is it possible
for granting further time to rectify the said defect and
reconsider the said application.
13.It is brought to the notice that the lands were
assessed under UDR Scheme in the year 1983-84 and
thereafter, there is no assessment made by the Revenue
Department to re-assess and re-survey the land for these 37
years. Hence, the Government has to give reply why no
steps have been taken for re-assessment and re-survey the
land for updating entry in the revenue records.
14.The learned Special Government Pleader
appearing for the respondents is directed to file a
comprehensive report before this Court, on 19.08.2020.
15.List the Writ petition on 19th August, 2020.”
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STATUS REPORT OF THE DIRECTOR, SURVEY AND
SETTLEMENT, CHENNAI:
4.Again, when the Writ Petitions came up for hearing on
19.08.2020, the learned Additional Advocate General submitted a status
report filed by the Director, Survey and Settlement, Chennai and this
Court has again posed many questions to the learned Additional
Advocate General as to why the applications for issuance of pattas are
kept pending for a long time without getting disposal. The relevant
portion of the order dated 19.08.2020, reads as follows:
'6.1.From the year 2014, computerised land records
of rural areas were brought on-line in a phased manner using a
software application called 'Web-based Tamil Nilam' (Tamil
Nadu Information System on Land Administration and
Management). Under this system, applications for patta
transfer are received through online in Common Service
Centres (CSCs). The patta transfer applications which does
not require sub-division are listed in the dashboards of
Village Administrative Officers and the time limit for
disposing of the said application is 15 days and the patta
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transfer applications which require sub-division are listed in
the dashboards of the Firka Surveyors and the time limit for
disposing of the said application is 30 days. Digitally signed,
QR-coded pattas can be downloaded free of cost under the e-
service 'Anytime Anywhere' at http://eservices.tn.gov.in. In
order to implement the above-mentioned web-based Online
Patta Transfer system, the orders issued earlier in G.O.Ms.No.
210, Revenue (SS-I(1)) Department dated 08.07.2011 regarding
disposal of patta transfer applications have been superseded
subsequently in G.O.Ms.No.303, Revenue (SS-II(2))
Department dated 27.12.2016.
6.2.From 12.02.2018, the web-based software of the
Registration Department, viz., STAR-2.O and the software of
land records, viz., web-based Tamil Nilam, were integrated to
facilitate online transmission of registration details of landed
properties to the Tamil Nilam software in order to initiate patta
transfer activities. The registration particulars are transmitted
in a specific format (Form-3) and they are listed as Patta
Transfer Applications in the dashboards of the Village
Administrative Officers or Firka Surveyors and such
applications are disposed of in the regular online by the Taluk
officials and pattas are issued. The pattas can also be
downloaded free of cost under the e-service 'anytime anywhere'
and there is no need for the registrants to file patta transfer
applications separately at Taluk Offices.
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6.3.Due to shortage of Surveyors and also due to
inflow of STR applications from the year 2018, pendency of
patta applications increased multi-fold. Currently 6,39,930
Involving Sub-Division (ISD) applications and 1,46,907 Not
Involving Sub-Division (NISD) applications are pending in the
OPT system and the District-wise breakup details from
01.01.2018 to 31.07.2020 are as follows:-
Sl.No. District Involving Sub-Division (ISD) Not Involving Sub-
(pending) Division (NISD)
(pending)
1. Tiruvallur 23948 3428
2. Chennai 2265 1521
3. Kancheepuram 7758 3114
4. Vellur 16956 2138
5. Dharmapuri 20839 4173
6. Thiruvannamalai 14304 4481
7. Villupuram 20080 4009
8. Salem 38730 5878
9. Namakkal 13913 4580
10. Erode 25282 4754
11. Nilgiris 364 361
12. Coimbatore 45032 4650
13. Dindigul 25547 5679
14. Karur 5526 2043
15. Thiruchirappalli 19806 4612
16. Perambalur 3333 1356
17. Ariyalur 4022 2649
18. Cuddalore 11294 4408
19. Nagapattinam 5602 3519
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20. Tiruvarur 4330 3184
21. Thanjavur 8348 7942
22. Pudukottai 11382 4172
23. Sivagangai 11986 4160
24. Madurai 43133 6969
25. Theni 9187 1173
26. Virudhunagar 19961 2697
27. Ramanathapuram 16854 2087
28. Thoothukudi 14804 6841
29. Tirunelveli 14615 3943
30. Kanyakumari 9394 7143
31. Krishnagiri 58834 4579
32. Tiruppur 25426 9694
33. Kallakurichi 16151 5129
34. Tenkasi 13450 2774
35. Chengalpattu 14208 3743
36. Tirupattur 20786 1954
37. Ranipet 22480 1370
Total 6,39,930 1,46,907
6.4. The learned Additional Advocate General has
further submitted that in order to expedite the disposal of OPT
applications, the Government have taken the following
measures:-
(i) In G.O.Ms.No.362, Revenue and Disaster
Management Department, dated 04.10.2019, the Government
have issued orders to impart training to Diploma holders in
Civil Engineering (for three months) and to award them
'License in Land Surveying ', so that they can be engaged in
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the Online Patta Transfer system. Accordingly, two batches of
trainees viz., 186 persons have been selected and training is
being imparted to them at the Survey Training Institute,
Orathanadu. Due to corona, the training has got delayed and
after the completion of the training the 'Licensed Surveyors'
will be engaged in the OPT work.
(ii) Since Village Administrative Officers have been
given survey training for 28 days when they were initially
appointed, in G.O.Ms.No.173, Revenue and Disaster
Management Department, dated 26.03.2020, the Government
have issued orders to give them refresher survey training for
one week and to engage in the disposal of OPT applications
involving Sub-Divisions. Upon sanction of funds, the training
will be commenced and after completion of training, half of
the pending ISD applications will be transferred to their
dashboard from the Firka Surveyors.
(iii) Orders have been issued converting 191
Draftsmen as Field Surveyors, based on their willingness and
survey training is being imparted to them. Upon completion of
training, they will be engaged in the disposal of ISD
applications.
(iv) TNPSC has allotted 505 persons for being
appointed in the vacant posts of Field Surveyors and they will
be given training for three months and they will be posted
additionally to Taluks, where the pending of ISD applications
are high.
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(v) In G.O.Ms.No.84, Revenue and Disaster
Management Department, dated 04.02.2020, the Government
have issued orders to implement 'Automatic Mutation of land
records' in order to simply and expedite title transfers Not
Involving Sub-Divisions.
6.5. Reviews on pendency of OPT applications are
conducted periodically by the ACS to Government, Revenue
Department, Commissioner of Land Administration (CLA)
and the Director of Survey and Settlement (DOSS). The
Director of Survey and Settlement has been conducting the
reviews every month with all the Regional Deputy Directors of
Survey and Land Records (RDDs) and Assistant Director of
Survey and Land Records (ADSLRs). Each District is
reviewed critically and disciplinary actions have been taken
against the survey officials, who have not achieved the out-
turn.
6.6. The Director of Survey and Settlement has
issued instructions to Assistant Directors of Survey and Land
Records of all Districts to increase the rate of approval and to
reduce the high rejection and pendency of OPT applications.
The Director of Land and Survey has written letters to the
District Collectors concerned to review the performance of
officials and issue necessary instructions to decrease the
pendency. During the periodical review meetings conducted
by the Commissioner of Land Administration and Director of
Survey and Settlement with the District Revenue Officers, they
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have reviewed the performance of OPT applications and
necessary instructions are being issued to the officials
concerned to dispose of the OPT applications within the
stipulated time line.
6.7. The web-based Online Patta Transfer system
has the following facilities for tracking the status of OPT
applications:-
(i) On submission of OPT applications citizens can
track the status by clicking the link 'know your application
status' in the Url:https://eservices.tn.gov.in.
(ii) The citizens can also track the status of their
applications through their android mobile application 'Amma
e-service of land records' under the heading 'application
status'.
6.8. Apart from the above, the following facilities
are also available:
(i) On submission of OPT applications, MFS/VAO
schedule the application for the field visit and the same is
communicated to the citizens through an SMS.
(ii) During the processing of OPT application,
MFS/VAO can also request the citizen for submitting
additional documents through SMS and the citizen can scan
and upload the document requested by the MFS/VAO through
a web-link, without visiting the taluk office in person.
(iii) On approval of application, the status is being
communicated to the applicant along with patta no an that the
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citizen can download the patta. Similarly, if the application is
rejected, the status is communicated to the applicant through
an SMS.
7. The learned counsels appearing for the
petitioners have made a submission before this Court that for
effective and speedy disposal of the pending application, the
Deputy Zonal Tahsildar of each Taluk concerned can be
exclusively deputed for disposal of the said applications, in
view of the huge pendency of the applications for disposal. It
is also pointed out by the learned counsel for the petitioners
that most of the applicants are illiterate or no knowledge on
the access of the communication received by the Department
through SMS.
8. On a perusal of the said report filed by the
Director of Survey and Settlement, Chennai, it is seen that
there are totally 6,39,930 applications are pending in
Involving Sub-Division (ISD) and 1,46,907 applications are
pending in Not Involving Sub-Division (NISD). All these
pending applications are not in consonance with the
Government Orders to comply and dispose of the
applications. Particularly in respect of pendency of Not
Involving Sub-Division (NISD) applications which shown as
1,469,07 involves a simple process of mere transfer the name
of the patta to the applicant.
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9. The Government has also passed an order
recently in G.O.Ms.No.84, Revenue and Disaster Management
Department, dated 04.02.2020 for implementing the
Automatic Mutation of land records in order to simplify and
expedite title transfers in respect of applications of Not
Involving Sub-Division. Since, this being the object of the
Government that to process the application immediately and
to grant patta to the applicants within the stipulated time, this
Court is of the view that the said object is not fulfilled in view
of the pendency of large number of applications which still
exists for many years. It will cause great difficult to the
applicants to get patta and they are driven from pillar to post
to get the patta, even in case, where there is no dispute for
granting of patta.
10. The submission made by the learned
Additional Advocate General that due to lack of staff members
in the department, the applications are being pending and it
will take some time for processing the applications on
completion of the training by the newly recruited persons.
Therefore, taking note of all the aforesaid facts, so far the
delay is on the part of the department is not appreciated by
this Court. Further, as stated in paragraph No.7 of the report
that the review meeting is being conducted by the concerned
District Collectors, even if such review meeting is being
conducted, this Court could not understand why large number
of applications are pending for disposal. This can be
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construed that no clear instructions have been given by the
concerned officials for disposal of the applications.
11. In view of this, the Commissioner of Land
Administration is directed to give proper instructions to all
the District Collectors concerned and to ensure that necessary
steps are being taken to dispose the pending applications
under the category of Not Involving Sub-Division periodically.
Insofar as Involving Sub-Division is concerned, the
Government has to sort out the schedule for disposal of the
applications at the earliest stage in order to comply with the
Government Orders.
12. Taking into consideration the submissions of
the learned Additional Advocate General and taking serious
note of the fact that inspite of the several orders issued by the
Government, no effective steps are being taken by the official
concerned to dispose the pending applications, the
Commissioner of Land Administration, Chepauk is directed to
file the report before this Court on the following aspect:
(i) With regard to the first set of the pendency of
applications shown in the report as 1,46,907 in Non-involving
Sub-Division is concerned, the Commissioner of Land
Administration shall issue proper instructions to all the
District Collectors concerned and to dispose of the
applications on merits and to take decision and submit the
report before this Court on 14.09.2020.
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(ii) With regard to the second set of the pendency of
applications shown in the report as 6,39,930 in Involving Sub-
Division is concerned, the Director of Survey and Settlement
has stated that due to shortage of staffs, huge number of
applications are pending and after completing the training
programmes to the newly recruited staffs, the Department will
expedite to dispose of these pending applications and hence,
the Commissioner of Land Administration is directed to spell
out the time bound for disposal of those Involving Sub-
Division applications pending before various Taluk levels on
the next hearing date.
(iii) A provision also to be incorporated by
furnishing the additional mobile number of the family
members of the applicants, so as to easily response to the
communication received from the authorities, those who make
special request.
(iv) The Zonal Deputy Tahsildar or Special
Tahsildar of each Taluk concerned shall be exclusively
assigned for dealing with patta cases.
(v) The Commissioner of Land Administration is
directed to file a report with regard to conduct of review
meeting and action taken for not obeying the orders, as stated
in paragraph No.7 of the status report.
(vi) Further, the Commissioner of Administration
has also to ensure that there shall be co-ordination between
the Surveyor and the Village Administrative Officer for
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effectively processing the applications and file a report to the
Zonal Deputy Tahsildar.
(vii) A report has to be filed with regard to the re-
assessment of UDR Scheme which was evaluated in the year
1983.
14. All the learned counsel appearing for the
petitioners shall serve the copy of the applications to the
learned Additional Advocate General or the Special
Government Pleader on or before 21.08.2020. In the
meantime, the petitioners' application shall also be processed
and submit the report before this Court by the concerned
authority.
15.Post these matters on 14.09.2020 at 02.15 p.m.'
REPORT OF THE COMMISSIONER OF LAND
ADMININSTRATION, CHENNAI:
5.When the matters came up for hearing on 14.09.2020, the
learned Additional Advocate General again filed a status report of the
Commissioner of Land Administration, Chennai, wherein, it is stated as
follows:
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“5.1.As directed by this Court, instructions have
been issued to all the District Collectors vide letter
No.Z1/11348/2020, dated 07.09.2020. These are in addition
to the regular review meetings being conducted and
instructions being issued from time to time to settle patta
transfer expeditiously.
5.2.The Government have issued orders in
G.O.Ms.No.84, Revenue and Disaster Management
Department, Survey and Settlement Wing (SS-II(2)) Section,
dated 04.02.2020 to start Online Patta Transfer system
under automatic mutation with title transfers that are not
involving sub-division and with single owners by using STAR
2.0, while registering landed properties, by filling the
questionnaire using yes / no radio buttons. Now, the software
has been developed by NIC and under pilot in a few tanks.
Once, the pilot is tested and all software activities are
completed successfully, this method will be extended
throughout the State, wherein the details of the Registrants
are communicated by the software of IG Registration (STAR
2.0) directly to the land records software of Revenue
Department namely web-based Tamil Nilam and the records
mutated automatically without any manual intervention.
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5.3.As on date, the function envisages limited
manual intervention only, and only requires the digital
approval of the concerned Village Administrative Officer
and Zonal Deputy Tashildar for patta transfer not involving
sub-division. In the upgraded version, eventually manual
intervention will not be required and the transfer of registry
will be done directly by the software. It is the endeavour of
this respondent that the name of the legitimate buyer is
included in the land records automatically and every effort
is taken to ensure it having reality by 30.11.2020 in close
co-ordinate with Director of Survey and Settlement and
NIC.
5.4.It is respectfully submitted that the Field
Surveyors / Firka Surveyors and Village Administrative
Officers are also engaged in other essential works like
election duty; land acquisition works; flood relief works;
cases related to Court – Commission works, corona –
pandemic duty. Particularly due to the larger contagious
pandemic, the Government offices were function with
restricted staff strength with 33% and 50% for almost 5.5
months and this period too, in Revenue Department, the
District administration fully involved in every step of
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epidemic management from contact tracing; containment
zone, management and covid care centre, border check
posts, return of migrants, aid to indigent people by way of
ration and cash assistance etc., in all district, the district
administration including the revenue and survey staff were
highly occupied in the said period for the above work
allotted to them. However, the District administrations have
ensured that the essential governance function of patta
transfer is also carried out by the concerned staff by
reviewing it critically.
5.5.It is respectfully submitted that around 90,000
OPT-ISD applications per month can be disposed of by the
existing manpower. The following table gives the number of
OPT-ISD applications disposed of during October 2019 to
February 2020 (ie., prior to corona lockdown).
Sl.No. Month No. of OPT-ISD No. of OPT-ISD
applications applications
received disposed of
1. October 2019 95,415 1,04,516
2. November 2019 1,04,177 93,264
3. December 2019 89,052 95,637
4. January 2020 79,774 88,774
5. February 2020 1,08,262, 93,290
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In the above months, the maximum out turn has been
achieved using the existing manpower even though, the
Field Surveyors / Firka Surveyors are also engaged in other
essential works like land transfer, land alienation, F-line,
preparation of land plan schedules, land acquisition works,
corona – pandemic duty, works pertaining to Court
Commissioners etc.
5.6.The average out turn achieved by the existing
man powr according to the time frame for disposing of the
pending OPT-ISD applications has been elaborated as
detailed below based on the average out turn achieved by
the existing manpower:
(i) No of OPT-ISD applications pending
as on 31.07.2020 : 6,39,930
(ii) Average Nos. of applications that can
be disposed of in a month by one
Surveyor (standard out turn: 40
applications should be approved
per month) : 85
(iii) Average Nos. of Surveyors engaged
(per month) in OPT – ISD disposal : 983
(iv) Average out turn per month achieved
by existing manpower (ie., 983
Surveyors) : 90,000
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(v) Average No. of receipt of new
applications per month : 1,00,000
Thus, it can be seen that existing / incoming applications as
average is more than the out turn possible with existing
manpower and hence, additional steps are needed to deal
with this workload. The steps proposed are both
streamlining and reformatory in nature.
5.7.The steps to improve the overall out turn and
reduce the pendency are as follows:
(i) Increase in Manpower and existing the
sanctioned posts:
Recruitment by transfer from Draftsman to Field
Surveyor, 120 Surveyors to be deployed by giving training
for three months and they will be engaged in the month
March 2021.
Recruitment by through TNPSC (Group IV), 505
Surveyors to be deployed by giving training for three
months.
(ii) Increase in sanctioned posts:
Vacant posts of Draftsman converted as posts of
Field Surveyor, 170 Surveyors to be deployed by giving
transfer for three months for utilizing their service from the
month of March 2021.
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(iii) Distributing tasks:
To entrust processing half of the pending OPT –
ISD applications to Village Administrative Officers by
giving 7 days training (G.O.173, Revenue and Disaster
Management, dated 26.03.2020), as the VAOs have passed
survey tests after training earlier in their services.
Enhancing the power of Village Administrative
Officers for doing sub-division after giving proper training.
As far as the above steps are concerned, the staff
now either to be recruited afresh or shifted from other
cadres or given survey sub-division work as an additional
task are required to be trained. The directorate of Survey
and Settlement is well poised to conduct the training as and
when necessary led by the Apex survey training institute at
Orathanadu and ad-how training arrangements that can be
made at the regional and District level, guided by the
experienced survey senior officers subject to social
distancing and other norms of COVID 19 pandemic.
(iv) Reforming the workflow:
Hitherto, the task of survey and sub-division has
been exclusively done by Governance Surveyors. In one
hand pendency is high and the Government Surveyor were
limited in numbers. On the other hand, qualified personnel
in open market can be licensed to be Surveyors. Hence, it
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has been proposed to engage Licenced Surveyors from the
open market and allow them to do the survey sub-division
work with a pre-defined fees per sub-division to be
collected, and accordingly, the Government have ordered.
(G.O(Ms)No.362, Revenue and Disaster Management
Department, Survey and Settlement Wing (SS-II(2)) Section,
dated 04.10.2019. In respect of 50 licensed Surveyors, out
of the three months training required, only 10 days is
pending and has been paused due to the COVID – 19
pandemic.
(v) Reformative steps:
Majority of the pendency is in peri-urban areas
where there are new layouts being developed. The
individual buyers purchase the plots and then apply for sub-
division and patta transfer. Now the process is proposed to
be streamlined that the sales of approved layout will be
done only after sub-division. In this regard, proposal has
been sent to Government by the Director of Survey and
Settlement in letter No.K6/15361/2018 (Sy), dated
05.02.2019 and addressed to the Additional Commissioner /
Commissioner of Land Administration dated 24.12.2019. It
will be issued as the executive instructions by
Commissioner of Land Administration expeditiously after
considering the legal aspects.
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5.8.It is respectfully submitted that with all these
additional manpower as well as the reformative steps, it is
possible to complete the pending applications by the months
of August – September 2021 as well as the new coming
applications.
5.9.It is respectfully submitted that the Director of
Survey and Settlement has stated that mobile numbers of
registrants are shared by the Registration Department with
the Revenue Department. Further, while receiving patta
transfer applications (RTR) directly through CSCs also
mobile numbers of the applicants are received.
Communications intended to the applicants are sent to their
mobile numbers by SMS automatically.
5.10.It is respectfully submitted that Zonal Deputy
Tahsildars and Tahsildars have already been assigned with
the duty of processing OPT-NISD applications. Additional
manpower will be deployed wherever required.
5.11.It is respectfully submitted that reviews were
conducted at regular intervals by the Commissioner of Land
Administration and Director of Survey and Settlement
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jointly at State Level with the District Revenue Officers
through Video conference every three months once and
instructed the District Revenue Officers to minimize the
rejection rates and increase the approval rates especially in
reasonable cases. The reasons for rejecting of patta transfer
applications should be genuine and it should not be rejected
in hasty manner. Further, the District Collectors conduct
monthly District Revenue Administration meetings every
month in which the pendency of patta transfer is reviewed
critically. Similarly the District Revenue Officers and
Revenue Divisional Officers conduct review meetings with
greater frequency for critical review. In the cursory and
periodical inspections of the office as well as annual
settlement of village accounts the patta transfer occupies an
important item of review.
5.12.The CLA has instructed the District Revenue
Officers to monitor that the Revenue Divisional Officers /
Sub-Collectors visit the Taluk Offices under their
jurisdiction, verify the register for patta transfer and ensure
that the rejects are made for genuine reasons only.
5.13.The OPT applications may be rejected
strictly for valid reasons only and if the OPT applications
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are rejected for undue reasons disciplinary action may be
initiated against erring officials responsible for the lapses.
The pending applications should look into and should be
disposed off promptly.
5.14.Further, it is reiterated that Sub-Collectors /
Revenue Divisional Officers should check atleast 3% of the
rejected applications in their jurisdiction to find out
whether the applications are rejected genuinely or not and
if the OPT applications are rejected for undue reasons, the
Sub-Collectors / Revenue Divisional Officers should initiate
necessary disciplinary action against the officials
responsible for the lapse and monitor this schemes at
District Level.
5.15.The District Revenue Officers have also been
instructed to state the reasons for the rejecting cases and
lesson the pending application status and close the pending
applications within the specified time after stating the
correct reasons for rejection.
5.16.Apart from this, the District Collector has
convened District Revenue Administration Meetings once in
a month at District Level regarding all the land matters
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W.P(MD)No.7746 of 2020 & batch cases
including Online Patta Transfer and strict instructions were
issued. As well as, reviews are conducted by all Revenue
Divisional Officers and Tahsildars and instructions are
issued to Village Administrative Officers / Surveyors to
expedite the disposal of OPT applications.
5.17.Further, it has also been sensitized that
wrongful inclusion in a patta has worse consequences than
wrongful rejection of correct claimants and revenue
authorities must be vigilant to avoid both types of errors.
5.18.It is respectfully submitted that necessary
instructions have been issued to District Collectors and
Assistant Directors of Survey and Land Records to ensure
proper co-ordination between Surveyors and Village
Administrative Officers for effectively processing the patta
transfer applications vide letter No.Z1/11348/20, dated
07.09.2020 apart from the instructions given in the Review
Meeting.
5.19.It is respectfully submitted that the Director
of Survey and Settlement has reported that UDR scheme
was implemented in the 1980's for updating the village
accounts. Under the centrally sponsored scheme Digital
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India Land Records Modernisation Programme (DILRMP)
re-survey using Modern Survey equipments viz., Global
Positioning System (GPS) and Electronic Total Station
(ETS) is being conducted in 3 Districts viz., Kanniyakumari,
Krishnagiri and the Nilgiris. As per the announcement
made by Hon'ble Chief Minister, the re-survey is proposed
to be extended to Chengalpattu District in 2020-2021.
Through the above initiatives, the village accounts will be
updated.
5.20.It is further submitted that as stated in the
report filed by the Director of Survey and Settlement before
this Court, Integration of Software of Registration
Department (STAR 2.0) and the Revenue Department (Tamil
Nilam) was done in February 2018 to facilitate online
transmission of registration details of landed properties to
the Tamil Nilam software in order to initiate Patta Transfer
activities.
7.This Court perused the status report filed by the
Commissioner of Land Administration, Chennai, however, directed the
learned Additional Advocate General to submit a written instruction from
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the authorities concerned with regard to some queries raised and
adjourned the matter on 23.09.2020.
8.Today, when the Writ Petitions are taken up for hearing, the
Commissioner of Land Administration, Chennai, filed a status report.
SUBMISSION OF THE LEARNED ADDITIONAL ADVOCATE
GENERAL:
9.The learned Additional Advocate General submitted that
insofar as the pendency of the applications for issuance of pattas, is
concerned, according to the respondents, as on 31.07.2020, out of
1,46,907 not Involving Sub-Division (NISD) applications, as on
20.09.2020, 5748 applications are pending ie., 96% were disposed and
out of 6,39,930 involving Sub-Division (ISD) applications, as on
20.09.2020, 4,76,962 applications are pending ie., 26% were disposed.
The disposal of online patta transfer applications in each District is given
in the Tabular Column as extracted below:
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Online Patta Transfer Report – Applications received on or before
31.07.2020.
As on date pendency of involving Sub-division and Not-involving
Sub-division dated 21.09.2020
Sl. District Name Involving Sub- Not-Involving
Nos. Division (ISD) Sub-Division (NISD)
pending pending
1. Tiruvallur 15816 7
2. Chennai 1311 1013
3. Kancheepuram 4076 294
4. Vellore 12255 10
5. Dharmapuri 17393 38
6. Tiruvannamalai 7393 95
7. Viluppuram 16691 101
8. Salem 34215 1
9. Namakkal 11294 9
10. Erode 21507 8
11. Nilgiris 0 1
12. Coimbatore 39457 233
13. Dindigul 19472 43
14. Karur 3555 0
15. Tiruchirappalli 16406 0
16. Perambalur 1907 1
17. Ariyalur 2053 2
18. Cuddalore 6222 937
19. Nagapattinam 3200 35
20. Thiruvarur 2544 1
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21. Thanjavur 3310 324
22. Pudukkottai 7311 4
23. Sivagangai 6800 832
24. Madurai 27880 49
25. Theni 6764 4
26. Virudhunagar 16472 857
27. Ramanathapuram 13800 16
28. Thoothukkudi 10098 37
29. Tirunelveli 10506 5
30. Kanniyakumari 4974 7
31. Krishnagiri 53509 549
32. Tiruppur 19759 196
33. Kallakurichi 9608 3
34. Tenkasi 6707 0
35. Chengalpattu 5097 13
36. Thirupathur 18499 0
37. Ranipet 13587 23
Total 471448 5748
Applications as on 6,39,930 1,46,907
31.07.2020
Disposed as on 1,68,482 1,41,159
21.09.2020
Pending in percentage 73.67 3.91
Disposal in percentage 26.33 96.09
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10.Based on the instructions of the Commissioner of Land
Administration Chennai, the learned Additional Advocate General seeks
six months time to dispose of the aforesaid applications including
involving sub-divisions and not involving sub-divisions.
LETTER OF THE COMMISSIONER OF LAND
ADMININSTRATION, DATED 17.09.2020:
11.In this regard, the Commissioner of Land Administration
(FAC), Chennai, vide letter No.Z1/11348/20, dated 17.09.2020, has
issued Circulars to all the District Collectors viz., Dindigul,
Kanyakumari, Madurai, Pudukottai, Sivagangai, Theni, Tenkasi,
Trichirappalli, Virudhunagar and the same reads as follows:
LAND ADMINISTRATION DEPARTMENT
From To
The Commissioner of Land The District Collector,
Administration (FAC), All Districts.
Chepauk, Chennai – 5.
Letter No.Z1/11348/20, dated 17.09.2020
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Sir / Madam,
Sub: Land – patta transfer – Pudukottai, Theni & other Districts –
Issuance of patta / online patta transfer – delay occurred – writ
petitions filed before the Madurai Bench of Madras High Court –
common orders issued – Direction to Commissioner of Land
Administration – received – reg.
Ref: Orders of the Hon'ble Madurai Bench of Madras High
Court in W.P(MD)Nos.7746, 6308, 8659, 8373 of 2020 and 22506,
1628 & 5920 of 2019 and 18676, 3416, 25497, 25503, 21569, 2613,
2448, 1986 & 20163 of 2018, dated 19.08.2020.
2.Letter received from the Director of Survey and
Settlement in No.Rc.K10/14259/2020(Sv), dated 26.08.2020
3.This office letter No.Z1/11348/20, dated 07.09.2020.
4.Reports received from the concerned Districts.
----------------
I invite your attention to the reference cited and informed that the batch cases in W.P(MD)Nos.7746, 6308, 8659, 8373 of 2020 and 22506, 1628 & 5920 of 2019 and 18676, 3416, 25497, 25503, 21569, 2613, 2448, 1986 & 20163 of 2018 came up for hearing on 14.09.2020 before the Madurai Bench of Madras High Court.
It is well known, that the pending applications as on 31.07.2020 in Not involving Sub-division is 1,46,907 and Involving Sub-Division is 6,39,930. By taking sincere efforts the pendency of Not involving Sub-division is reduced as 17,572 as on 11.09.2020.
Now, the Hon'ble Court has directed to dispose all of the Not involving Sub-division pending applications as on 31.07.2020 by adding the following instructions:
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(i) Clear cases have to be completed by issuing orders and by making entries in the Village accounts / computer chitta.
(ii) if the given documents / records are not sufficient or full-fledged, send a notice to the petitioner to submit the required particulars by fixing time bound.
(iii) If the required particulars have not been submitted within the stipulated time period, the petition may be dismissed and to send the same by R.P.A.D.
(iv) Regarding involving Court cases, the petitions may be dismissed by giving a reply to the petitioners to apply for patta transfer, etc., on disposal of the said case by R.P.A.D.
(v) The Hon'ble Court has advised to complete the involving sub-division applications within a period of six months by scheduling the work by preparing action plan and to stick on the same.
(vi) In addition to this, the Court has instructed to close the applications which are already involved in Court cases, by informing the petitioners by R.P.A.D., to apply for their requests on completion of the Court case. After sending reply to the concerned petitioners, these files are need not be kept pending.
The said Court cases postponed for the next hearing on 23.09.2020. I, therefore, request you to treat this issue as a special task and send the completion report for the Not involving Sub-division applications pending as on 31.07.2020 before ending of this week and also requested you to instruct the officials concerned to take effective steps to complete the pending applications as on 31.07.2020 for involving sub-division cases. Please ensure that the guidelines of the Hon'ble Court are to be adhered scrupulously.' http://www.judis.nic.in W.P(MD)No.7746 of 2020 & batch cases DISCUSSION:
12.On perusal of the earlier orders passed by this Court, Status Report of the Commissioner of Land Administration, Chennai and Director, Survey and Settlement, Chennai, submissions made by the learned counsel appearing for the petitioners and learned Additional Advocate General, it is seen that this Court could visualize how much cases are filing up just to issue patta to the applicants concerned. Despite several measures have been taken by the Government and this Court, it is not implemented in letter and spirit by the officials concerned. The data given by the Government is really shocking that despite various measures taken by the Government and the people are forced to go back to Neolithic age. Thousands of cases arising out of issuance of pattas are pending without seeing the light of the day. The failure on the part of the concerned officials, without considering the applications for transfer of patta, made the innocent people to run from pillar to post seeking justice delivery system either knocking the doors of this Court under Article 226 of the Constitution of India or the authorities concerned. However, they are not getting justice forthwith.
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13.Patta is one of the crucial documentary evidence by claiming the ownership of the property. Transactions involving the land in question require a patta. It can also be used to establish the right of ownership in a Court of law. It is a crucial or vital document in the event of sale of the property and for borrowing the loans. Even in some cases, the lands were acquired for the public purpose by the Government. Based on the patta, compensation has been awarded for the acquired land. The Government has announced the subsidy schemes to the farmers and the said benefit can be availed by the persons, who are holding pattas. Therefore, patta is vital document for the persons concerned, who are holding the lands. For obtaining the said patta, several lakhs of applications are pending before the authority. These applications for granting of patta are kept pending for months and years together without getting disposal. They lost hope for approaching the authority in the Taluk Offices for seeking their statutory right of getting patta. Hence, the authority shall not keep idle in all these applications for giving one reason or other for the grant of patta. The applicants have wasted their http://www.judis.nic.in W.P(MD)No.7746 of 2020 & batch cases valuable times and approaching the Taluk Office or Village Administrative Office or Surveyor Office to grant patta for their properties. The authority shall cautious and strictly follow the guidelines issued by the Government to consider those applications within the stipulated time. Failing to discharge their duty, while disposing of the said application within the stipulated time by the Village Administrative Officer concerned or Surveyor or the Deputy Tahsildar, Zonal Deputy Tahsildar or Tahsildar, the higher authority shall deal with by initiating disciplinary proceedings for the delay on the part of the officials concerned. Even if there is any dispute regarding the title, the officer concerned can conduct an enquiry in the light of the Government Orders and the reasoned order shall be passed and communicated to the parties concerned. Therefore, it is high time that this Court could pass suitable orders so as to curb the unnecessary litigations being filed before this Court.
http://www.judis.nic.in W.P(MD)No.7746 of 2020 & batch cases DIRECTIONS TO THE AUTHORITY:
14.In view of the above stated position, this case should be an eye opener to the officials concerned who involved in delaying the patta transfer proceedings. On the aforesaid backdrop, based on the report of the Commissioner of Land Administration, Chennai, it is appropriate for this Court to pass the following directions to the authority:
(i) With regard to the pendency of the Involving Sub-Division and Not involving Sub-Division applications, the authority concerned shall dispose of the same, within a period of six months viz., on or before March, 2021.
(ii) Coming to the letter No.Z1/11348/20, dated 17.09.2020, of the Commissioner of Land Administration, Chennai, insofar as Clauses (iv) and (vi) are concerned, particularly, the Court cases, the learned Additional Advocate General has to clarify the same by giving suitable instructions and on such clarification, the Commissioner of Land Administration shall communicate the same to all the District Collectors.
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(iii) The Commissioner of Land Administration (FAC) shall also incorporate in the said letter that the applicant may also furnish the mobile number of one of his/her family members, in addition to his / her mobile number, so as to enable the Department to communicate the same to the applicant or to the family members through SMS / Whatsapp.
(iv) The Commissioner of Land Administration (FAC) shall strictly instruct all the District Collectors to conduct the review meeting periodically based on the guidelines issued by the Government.
(v) The Director of Survey and Settlement, Chennai, shall also conduct the review meeting periodically and submit the report to the Commissioner of Land Administration, Chennai, along with remarks, if any.
(vi) The Commissioner of Land Administration (FAC) or the District Collectors shall assign the Zonal Deputy Tasildars exclusively for dealing with the disposal of the applications for granting on-line pattas, whenever necessary.
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(vii) The Tahsildar concerned shall periodically submit a report to the District Collector in the first week of every English Calendar month with regard to the delay on the part of the officers concerned for disposal of the application for granting patta.
(viii) Based on the aforesaid report submitted by the Tahsildar concerned, the District Collector shall call for the explanation for the delay from the officer concerned including Surveyor and Village Administrative Officer and if the explanation found not satisfactory, the District Collector shall initiate disciplinary proceedings against the officer or staff concerned for causing the delay in disposing of the applications.
(ix) Further, the Commissioner of Land Administration (FAC) is directed to issue instructions to all the District Collectors concerned and Revenue authority concerned to strictly comply with the aforesaid directions issued by this Court as well as Circulars and dispose of the applications, within the specified time limit, as specified in the relevant Government Orders.
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15.This Court appreciates the assistance of the learned counsel appearing for the petitioners, the learned Additional Advocate General and the learned Special Government Pleaders.
16.Both the learned counsel made an argument on the individual Writ Petitions and made a request to dispose of the Writ Petitions individually and separate orders to be passed in each cases. Considering their request, the Writ Petitions were taken up individually and individual orders are passed in the Writ Petitions.
17.W.P(MD)No.7746 of 2020:
17.1.In W.P(MD)No.7746 of 2020, the petitioner has filed the present Writ Petition to direct the second respondent to issue patta to the petitioner's property to an extent of 8 cents of land in Survey No.79/1 in Thenur Village, Alavayal Circle, Ponnamaravathi Taluk, Pudukkottai District on the basis of his representations dated 22.05.2020 and 27.05.2020.
http://www.judis.nic.in W.P(MD)No.7746 of 2020 & batch cases 17.2.The learned Additional Advocate General, on instructions, submitted that the petitioner has been informed to submit the Death certificate and legal heir certificate of the original land owner and consent statement of the joint pattadars. Since the petitioner has not turned up to produce the said certificate and statement, the petitioner's application was rejected by the second respondent on 15.06.2020.
17.3.The learned counsel appearing for the petitioner made a request before this Court that the said rejection order passed by the second respondent may be served to the petitioner, within a time frame to be fixed by this Court and seeks liberty to challenge the same.
17.4.In reply, the learned Additional Additional Advocate General submitted that a copy of the said rejection order passed by the second respondent shall be communicated to the petitioner, if the same is not communicated to him, within a period of two weeks from the date of receipt of a copy of this order.
http://www.judis.nic.in W.P(MD)No.7746 of 2020 & batch cases 17.5.By recording such submission, W.P(MD)No.7746 of 2020 is dismissed with liberty to the petitioner to challenge the said rejection order passed by the second respondent before the appropriate forum, if he is so advised. No costs.
18.W.P(MD)No.6308 of 2020:
18.1.In W.P(MD)No.6308 of 2020, the petitioner has filed the present Writ Petition to direct the respondent to issue a patta in the name of the petitioner on the basis of her application dated 08.01.2020 submitted by the petitioner in respect of the house bearing Door No. 3/335 comprised in Old Survey No.179/1 part now, UDR Survey No. 266/19, measuring about 0.00.38.0 sq.mtr., Thenur 2nd Bit Village, Samayanallur via, Madurai North Taluk, Madurai District within a time frame fixed by this Court.
18.2.The learned Additional Advocate General, on instructions, submitted that the petitioner has been informed to submit the Death certificate and legal heir certificate. Since the petitioner has not turned up http://www.judis.nic.in W.P(MD)No.7746 of 2020 & batch cases to produce the said certificates, the petitioner's application was rejected by the respondent on 10.07.2020.
18.3.The learned counsel appearing for the petitioner made a request before this Court that the said rejection order passed by the respondent may be served to the petitioner, within a time frame to be fixed by this Court and seeks liberty to challenge the same.
18.4.In reply, the learned Additional Additional Advocate General submitted that a copy of the said rejection order passed by the respondent shall be communicated to the petitioner, if the same is not communicated to her, within a period of two weeks from the date of receipt of a copy of this order.
18.5.By recording such submission, W.P(MD)No.6308 of 2020 is dismissed with liberty to the petitioner to challenge the said rejection order passed by the respondent before the appropriate forum, if she is so advised. No costs.
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19.W.P(MD)No.8659 of 2020:
19.1.In W.P(MD)No.8659 of 2020, the petitioner has filed the present Writ Petition to direct the respondent to conduct an enquiry for patta proceedings to issue joint patta in the name of the petitioner and in the name of the legal heirs of his father on the basis of his application dated 18.06.2019 submitted by him to the respondent in respect of their property comprised in Survey Nos.24/4D1, 24/4A, 24/4D2, 25/7A1 situated at Sivalingam Village, Madurai North Taluk, Madurai District, within a time frame fixed by this Court.
19.2.The learned Additional Advocate General, on instructions, submitted that an enquiry has been conducted and the respondent, by considering the petitioner's application dated 18.06.2019, had rejected the claim of the petitioner vide proceedings in Na.Ka.No.2356/2020/S dated 21.09.2020, on the ground that appeal suit in A.S(MD)No.219 of 2018 is pending on the file on this Court.
http://www.judis.nic.in W.P(MD)No.7746 of 2020 & batch cases 19.3.The learned counsel appearing for the petitioner made a request before this Court that the said rejection order passed by the respondent may be served to the petitioner, if the same is not received by him, within a time frame to be fixed by this Court and seeks liberty to challenge the same.
19.4.In reply, the learned Additional Additional Advocate General submitted that a copy of the said rejection order passed by the respondent shall be communicated to the petitioner, if the same is not communicated to him, within a period of two weeks from the date of receipt of a copy of this order.
19.5.By recording such submission, W.P(MD)No.8659 of 2020 is dismissed with liberty to the petitioner to challenge the said rejection order passed by the respondent before the appropriate forum, if he is so advised. No costs.
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20.W.P(MD)No.8373 of 2020:
20.1.In W.P(MD)No.8373 of 2020, the petitioner has filed the present Writ Petition to direct the respondents to issue patta to the petitioner in respect of Survey No.584/1A1 situated at Kutchanur Village, Uthamapalayam Taluk, Theni District by considering his online application vide No.2020/0103/25/041761, dated 03.02.2020 within the time frame fixed by this Court.
20.2.The learned Additional Advocate General, on instructions, submitted that an enquiry has been conducted and the first respondent, by considering the petitioner's application dated 03.02.2020, had rejected the claim of the petitioner on the ground that a civil suit in O.S.No.43 of 2019 is pending on the file of the District Munsif, Uthamapalayam.
20.3.The learned counsel appearing for the petitioner made a request before this Court that the said rejection order passed by the first respondent may be served to the petitioner, if the same is not served to http://www.judis.nic.in W.P(MD)No.7746 of 2020 & batch cases him, within a time frame to be fixed by this Court and seeks liberty to challenge the same.
20.4.In reply, the learned Additional Additional Advocate General submitted that a copy of the said rejection order passed by the respondent shall be communicated to the petitioner, if the same is not communicated to him, within a period of two weeks from the date of receipt of a copy of this order.
20.5.By recording such submission, W.P(MD)No.8373 of 2020 is dismissed with liberty to the petitioner to challenge the said rejection order passed by the first respondent before the appropriate forum, if he is so advised. No costs.
21.W.P(MD)No.22506 of 2019:
21.1.In W.P(MD)No.22506 of 2019, the petitioner has filed the present Writ Petition to direct the first respondent to take action on the enquiry proceedings of the first respondent with regard to issuance of http://www.judis.nic.in W.P(MD)No.7746 of 2020 & batch cases patta enquiry notice issued in O.M.A3/6512/2017 dated 28.11.2017, considering his application dated 24.10.2017.
21.2.The learned Additional Advocate General, on instructions, submitted that patta has been granted in favour of the petitioner and hence, nothing survives for adjudication in this Writ Petition.
21.3.Recording the same, W.P(MD)No.22506 of 2019 stands dismissed as infructuous. No costs.
22.W.P(MD)No.1628 of 2019:
22.1.In W.P(MD)No.1628 of 2019, the petitioner has filed the present Writ Petition to direct the respondents to survey the petitioner's punja land in Survey No.52/3C1B to an extent of 05.35 ares situated at Sithumoondradaippu, Kariyapatti Taluk, Virudhunagar District confined in joint Patta No.202 and to issue separate patta in his favour after necessary sub-division in the said land on the basis of his representation dated 31.12.2018.
http://www.judis.nic.in W.P(MD)No.7746 of 2020 & batch cases 22.2.The learned Additional Advocate General, on instructions, submitted that patta has been granted in favour of the petitioner and hence, nothing survives for adjudication in this Writ Petition.
22.3.Recording the same, W.P(MD)No.1628 of 2019 stands dismissed as infructuous. No costs.
23.W.P(MD)No.5920 of 2019:
23.1.In W.P(MD)No.5920 of 2019, the petitioner has filed the present Writ Petition to direct the second respondent to issue patta in the petitioner's name in Survey No.688/3 situated at Chillamarathupatti, Bodinaickanur Taluk, Theni District by considering the petitioner's representation dated 21.01.2019.
23.2.The learned Additional Advocate General, on instructions, submitted that patta has been granted in favour of the petitioner and hence, nothing survives for adjudication in this Writ Petition. http://www.judis.nic.in W.P(MD)No.7746 of 2020 & batch cases 23.3.Recording the same, W.P(MD)No.5920 of 2019 stands dismissed as infructuous. No costs.
24.W.P(MD)No.18676 of 2018:
24.1.In W.P(MD)No.18676 of 2018, the petitioner has filed the present Writ Petition to direct the respondents to issue patta on the representation of the petitioner dated 14.06.2018 and subsequent online application made on 19.06.2018 vide application Nos. 2018/0103/30/157559, 2018/0103/30/157546, 2018/0103/30/157567 (CAN) 0333004414073 within the time fixed by this Court.
24.2.The learned Additional Advocate General, on instructions, submitted that an enquiry has been conducted and the third respondent, by considering the petitioner's application dated 19.06.2018, had rejected the claim of the petitioner on the ground that the petition mentioned property stands in the name of the Church from the year 1984. http://www.judis.nic.in W.P(MD)No.7746 of 2020 & batch cases 24.3.The learned counsel appearing for the petitioner made a request before this Court that the said rejection order passed by the third respondent may be served to the petitioner, if the same is not served to him, within a time frame to be fixed by this Court and seeks liberty to challenge the same.
24.4.In reply, the learned Additional Additional Advocate General submitted that a copy of the said rejection order passed by the third respondent shall be communicated to the petitioner, if the same is not communicated to the petitioner, within a period of two weeks from the date of receipt of a copy of this order.
24.5.By recording such submission, W.P(MD)No.18676 of 2018 is dismissed with liberty to the petitioner to challenge the said rejection order passed by the third respondent before the appropriate forum, if he is so advised. No costs.
http://www.judis.nic.in W.P(MD)No.7746 of 2020 & batch cases
25.W.P(MD)No.3416 of 2018:
25.1.In W.P(MD)No.3416 of 2018, the petitioner has filed the present Writ Petition to direct the second respondent to revoke the name of the third respondent herein from the patta issued to the petitioner bearing Patta No.2814 and issue independent patta to the petitioner in respect of the property bearing Survey No.598/2A by considering the petitioner's representation dated 06.02.2018.
25.2.The learned Additional Advocate General, on instructions, submitted that individual patta has been granted in favour of the petitioner and hence, nothing survives for adjudication in this Writ Petition.
25.3.The learned counsel appearing for the petitioner made a request before this Court that the order passed by the authority concerned may be served to the petitioner, if the same is not served to him, within a time frame to be fixed by this Court.
http://www.judis.nic.in W.P(MD)No.7746 of 2020 & batch cases 25.4.In reply, the learned Additional Additional Advocate General submitted that a copy of the order passed by the authority concerned shall be communicated to the petitioner, if the same is not communicated to the petitioner, within a period of two weeks from the date of receipt of a copy of this order.
25.5.Recording the same, W.P(MD)No.3416 of 2018 stands dismissed as infructuous. No costs.
26.W.P(MD)No.25497 of 2018:
26.1.In W.P(MD)No.25497 of 2018, the petitioner has filed the present Writ Petition to direct the fourth respondent to issue patta in favour of the petitioner after making necessary changes in the village accounts and revenue registers within the time stipulated by this Court.
26.2.The learned Additional Advocate General, on instructions, submitted that an enquiry has been conducted and the fourth respondent had rejected the claim of the petitioner on the ground that the petition mentioned property is a public pathway.
http://www.judis.nic.in W.P(MD)No.7746 of 2020 & batch cases 26.3.The learned counsel appearing for the petitioner made a request before this Court that the said rejection order passed by the fourth respondent may be served to the petitioner, if the same is not served to him, within a time frame to be fixed by this Court and seeks liberty to challenge the same.
26.4.In reply, the learned Additional Additional Advocate General submitted that a copy of the said rejection order passed by the fourth respondent shall be communicated to the petitioner, if the same is not communicated to the petitioner, within a period of two weeks from the date of receipt of a copy of this order.
26.5.By recording such submission, W.P(MD)No.25497 of 2018 is dismissed with liberty to the petitioner to challenge the said rejection order passed by the fourth respondent before the appropriate forum, if he is so advised. No costs.
http://www.judis.nic.in W.P(MD)No.7746 of 2020 & batch cases
27.W.P(MD)No.25503 of 2018:
27.1.In W.P(MD)No.25503 of 2018, the petitioner has filed the present Writ Petition to direct the respondent to issue patta in favour of the petitioner based on the petitioner's application dated 12.12.2018 for the property measuring 3540 sq. feet in New T.S.No.5/1A, 1A, 1A/1A8 (H.C.C.O.1467) and T.S.No.5/1A, 1A, 1A/1A9 (H.C.C.O.1418) situated at New Block No.21, New Tiruchirappalli Municipal Ward No.L, K.Abishekapuram Village, Tiruchirappalli Taluk, Tiruchirappalli District.
27.2.The learned Additional Advocate General, on instructions, submitted that petitioner has not submitted the application through on-line and further submitted that if the petitioner made an application through on-line, the authority will immediately process the said application and consider the same in accordance with law.
27.3.In view of the above said submission made by the learned Additional Advocate General, the petitioner shall make an on-line application before the respondent within a period of one week from the http://www.judis.nic.in W.P(MD)No.7746 of 2020 & batch cases date of receipt of a copy of this order. On receipt of the said application, the authority shall process the said application in accordance with law, without any delay.
27.4.With the above direction, W.P(MD)No.25503 of 2018 is disposed of. No costs.
28.W.P(MD)No.21569 of 2018:
28.1.In W.P(MD)No.21569 of 2018, the petitioner has filed the present Writ Petition to direct the second respondent to issue patta in respect of land admeasuring an extent of 61 cents in Survey No.10/1 Ethilod Village, Nilakkottai Taluk, Dindigul District in the light of the Judgment and Decree made in A.S.No.33 of 2015 on the file of the Principal Sub Court, Dindigul dated 01.08.2016 based on the representation dated 02.06.2018 preferred by the petitioner. http://www.judis.nic.in W.P(MD)No.7746 of 2020 & batch cases 28.2.The learned Additional Advocate General, on instructions, submitted that an enquiry has been conducted and the second respondent, by considering the petitioner's representation dated 02.06.2018, had rejected the claim of the petitioner on the ground that the petitioner has not furnished the parental document of the petition mentioned property.
28.3.The learned counsel appearing for the petitioner made a request before this Court that the said rejection order passed by the second respondent may be served to the petitioner, if the same is not served to him, within a time frame to be fixed by this Court and seeks liberty to challenge the same.
28.4.In reply, the learned Additional Additional Advocate General submitted that a copy of the said rejection order passed by the second respondent shall be communicated to the petitioner, if the same is not communicated to him, within a period of two weeks from the date of receipt of a copy of this order.
http://www.judis.nic.in W.P(MD)No.7746 of 2020 & batch cases 28.5.By recording such submission, W.P(MD)No.21569 of 2018 is dismissed with liberty to the petitioner to challenge the said rejection order passed by the second respondent before the appropriate forum, if he is so advised. No costs.
29.W.P(MD)No.2613 of 2018:
29.1.In W.P(MD)No.2613 of 2018, the petitioner has filed the present Writ Petition to direct the respondents to consider the petitioner's representation dated 24.07.2017 seeking for issuance of joint patta in the petitioner's name.
29.2.The learned Additional Advocate General, on instructions, submitted that an enquiry has been conducted and the third respondent, by considering the petitioner's representation dated 24.07.2017, had rejected the claim of the petitioner on the ground that the civil suits in O.S.Nos.92 of 2016 and 53 of 2017 are pending on the file of the District Munsif, Lalgudi.
http://www.judis.nic.in W.P(MD)No.7746 of 2020 & batch cases 29.3.The learned counsel appearing for the petitioner made a request before this Court that the said rejection order passed by the third respondent may be served to the petitioner, if the same is not served to him, within a time frame to be fixed by this Court and seeks liberty to challenge the same.
29.4.In reply, the learned Additional Additional Advocate General submitted that a copy of the said rejection order passed by the third respondent shall be communicated to the petitioner, if the same is not communicated to him, within a period of two weeks from the date of receipt of a copy of this order.
29.5.By recording such submission, W.P(MD)No.2613 of 2018 is dismissed with liberty to the petitioner to challenge the said rejection order passed by the third respondent before the appropriate forum, if he is so advised. No costs.
http://www.judis.nic.in W.P(MD)No.7746 of 2020 & batch cases
30.W.P(MD)No.2448 of 2018:
30.1.In W.P(MD)No.2448 of 2018, the petitioner has filed the present Writ Petition to direct the second respondent to consider the petitioner's representation dated 11.01.2018 for change of patta.
30.2.The learned Additional Advocate General, on instructions, submitted that an enquiry has been conducted and the authority concerned, by considering the petitioner's representation dated 11.01.2018, had rejected the claim of the petitioner on the ground that the criminal case is pending on the file of the District Munsif, Tenkasi. He further submitted that the petitioner had preferred an Appeal Petition No. 1 of 2018 before the Revenue District Officer and the same is also pending.
30.3.By recording such submission, W.P(MD)No.2448 of 2018 is dismissed. However, it is open to the petitioner to work out his remedy http://www.judis.nic.in W.P(MD)No.7746 of 2020 & batch cases in the aforesaid appeal. No costs. Consequently, connected Miscellaneous Petition is closed.
31.W.P(MD)No.20613 of 2018:
31.1.In W.P(MD)No.20613 of 2018, the petitioner has filed the present Writ Petition to direct the respondents to issue patta to the petitioner's house site bearing Old Survey No.509/5, New Survey No. 800/8 to an extent of 40 cents at Ilavankulam, Srigomathipuram Post, Sankarankovil, Tirunelveli District by considering the representation of the petitioner dated 28.08.2018.
31.2.The learned Additional Advocate General, on instructions, submitted that an enquiry has been conducted and the authority concerned, by considering the petitioner's representation dated 28.08.2018, had rejected the claim of the petitioner on the ground that the petitioner has not produced any registered documents with regard to the petition mentioned property.
http://www.judis.nic.in W.P(MD)No.7746 of 2020 & batch cases 31.3.The learned counsel appearing for the petitioner made a request before this Court that the said rejection order passed by the authority concerned may be served to the petitioner, if the same is not served to him, within a time frame to be fixed by this Court and seeks liberty to challenge the same.
31.4.In reply, the learned Additional Additional Advocate General submitted that a copy of the said rejection order passed by the authority concerned shall be communicated to the petitioner, if the same is not communicated to him, within a period of two weeks from the date of receipt of a copy of this order.
31.5.By recording such submission, W.P(MD)No.20613 of 2018 is dismissed with liberty to the petitioner to challenge the said rejection order passed by the authority concerned before the appropriate forum, if he is so advised. No costs.
http://www.judis.nic.in W.P(MD)No.7746 of 2020 & batch cases
32.As the learned counsel for the parties have requested to post these Writ Petitions before me, the Registry is directed to post these matters in the first week of April, 2021, for reporting compliance, after obtaining necessary orders from the Hon'ble Administrative Judge.
23.09.2020 Note:- In view of the present lock down owing to COVID – 19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned and issue Order Copy on 06.10.2020.
Index :Yes Internet : Yes ps http://www.judis.nic.in W.P(MD)No.7746 of 2020 & batch cases Copy To:
1.The Additional Chief Secretary to Government, Revenue and Disaster Management Department, St. George Fort, Chennai.
2.The Commissioner of Land Administration, Chepauk, Chennai – 600 005.
3.The Director of Survey and Settlement, Survey House, Chepauk, Chennai.
4.The Revenue Divisional Officer, Revenue Divisional Office, Iluppur Taluk, Pudukkottai District.
5.The Tahsildar, Taluk Office, Ponnamaravathi Taluk, Pudukkottai District.
http://www.judis.nic.in W.P(MD)No.7746 of 2020 & batch cases D.KRISHNAKUMAR, J.
ps Order made in W.P.(MD)Nos.7746, 6308, 8659, 8373 of 2020 & 22506, 1628 & 5920 of 2019 & 18676, 3416, 25497, 25503, 21569, 2613, 2448 & 20163 of 2018 Dated:
23.09.2020 http://www.judis.nic.in
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