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2017 Supreme(Mad) 328
IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. SATHYANARAYANAN, J.
Ankit P. Doshi - Petitioner
Versus
The District Collector, Tiruvellore and Ors. - Respondents
WP. No. 6571 of 2017
Decided On : 17-03-2017
For the Petitioner: Mrs. Al. Gandhimathi
For the Respondents: Mr. S. Pattabiraman
Revenue officials must adhere to guidelines for issuing patta and consider applications promptly.
Headnote:
Patta - Land Ownership - The court directed the respondent to consider and dispose of the petitioner's representation for issuance of computerised chitta and patta within four weeks.
Fact of the Case:
The petitioner claimed to be the absolute owner of certain lands and submitted an application for issuance of computerised chitta and patta. The 2nd respondent did not take any steps to issue the requested documents, leading to the filing of the writ petition.
Finding of the Court:
The court expressed anguish at the inapt attitude of revenue officials in considering applications for patta and directed the 2nd respondent to consider and dispose of the petitioner's representation within four weeks.
Issues: Delay in issuance of computerised chitta and patta, inapt attitude of revenue officials in considering applications for patta.
Ratio Decidendi: The court emphasized the need for revenue officials to adhere to guidelines for issuing patta and expressed the inability to spend time on matters requiring attention due to the large number of writ petitions related to patta issuance.
Final Decision: The court directed the 2nd respondent to consider and dispose of the petitioner's representation for issuance of computerised chitta and patta within four weeks.
By consent, the writ petition is taken up for final disposal. Mr. S. Pattabiraman, learned Government Advocate accepts notice on behalf of the respondents.
2. The petitioner claims to be the absolute owner of the lands admeasuring to an extent of 0.11 acres comprised in Survey No. 83/10 and another extent of land of 0.09 acres in Survey No.84/5 situate in Padinallur Village, Ponneri Taluk, Tiruvellore District, through a registered Sale Deed bearing Document No. 4298/2013 dated 06.07.2012, registered on the file of the office of the Sub Registrar, Redhills and claims to be in possession and enjoyment of the property right from the date of purchase.
3. The petitioner submitted an application dated 27.02.2015 to the 2nd respondent praying for issuance of computerised chitta and patta and it was acknowledged under Token No.1187 dated 27.02.2015 and further indicated that the decision will be taken before 03.03.2015. The grievance expressed by the petitioner is that despite the lapse of nearly two years, no further steps, whatsoever, have been taken by the 2nd respondent to issue computerised chitta and patta in respect of the above said lands purchased by him and therefore, the petitioner came forward to file the present writ petition.
4. The learned counsel appearing for the petitioner would submit that since the petitioner had enclosed all necessary documents, there may not be any impediment on the part of the respondents to issue computerised chitta and patta and in the event of any defects in the application, the 2nd respondent ought to have returned the same, so as to enable the petitioner to represent the same after complying with the defects and even such an act or step has not been adopted by the respondents and hence, the petitioner is constrained to approach this Court by way of filing the present writ petition.
5. Per contra, Mr. S. Pattabiraman, learned Government Advocate appearing for the respondents would submit that appropriate instructions will be given to the 2nd respondent to dispose of the application dated 27.02.2015 submitted by the petitioner for issuance of computerised chitta and patta in respect of the landed property purchased by the petitioner.
6. This Court paid its best attention to the rival submissions and also perused the materials placed before it.
7. This Court, on an earlier occasion, has taken note of the fact that repeatedly writ petitions are being filed before this Court seeking for issuance of patta/transfer of patta and passed orders on 09.04.2015 made in WP.No.10064/2015, expressing anguish and difficulty faced by it and taking note of the said order, the Secretary to Government, Government of Tamil Nadu, Revenue Department, Chennai-600009, has sent D.O. Letter No. 19925/SS.I[1]/2015-2 dated 10.06.2015 to all the District Collectors with copies marked to Additional Chief Secretary/Commissioner of Land Administration, Chepauk, Chennai-5 as well as to the Director of Survey and Settlement, Chepauk, Chennai-5, drawing the attention to G.O.Ms.No.210, Revenue [SS.I[1]] Department dated 08.07.2012, has requested the District Collectors to issue strict instructions to all the subordinate officers concerned at Taluk/Divisional Level under the control of the District Administration, to scrupulously follow and strictly adhere to the guidelines issued in the above said Government Order dated 08.07.2012 while disposing of the applications seeking for name transfer of patta and also further indicated that failing to comply with the said orders, would result in initiation of necessary disciplinary action against the erring officials.
8. It appears that despite such an instruction issued by the higher official, the District Collectors are not adhering to the same and once again, this Court is faced with a litigation in the form of present writ petition to issue computerised chitta and patta in respect of the application of the petitioner dated 27.02.2015.
9. This Court expresses its anguish and despair
