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2020 Supreme(Mad) 2189

IN THE HIGH COURT OF MADRAS (MADURAI BENCH)
D. Krishnakumar, J.
A. Andiyappan - Appellant
Versus
The Revenue Divisional Officer, Iluppur Taluk and Ors. - Respondent
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, M.P. (MD) No. 3548 of 2018
Decided On : 23-09-2020

Advocates Appeared:
For the Appellant : D. Senthil
For the Respondent:K. Chellapandian, Additional Advocate General assisted by C. Ramesh, Special Government Pleader

Headnote:

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 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 - 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 – Held

ORDER :

D. Krishnakumar, J.

1. 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 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 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 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

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