S.1 Short title, extent and commencement

       (1) This Act may be called the Tamil Nadu Patta Pass Book Act, 1983.
       (2) It extends to the whole of the State of Tamil Nadu.
       (3) It shall come into force on such date as the Government may, by notification, appoint and different dates may be appointed for different areas and for different provisions of this Act,

S.2 Definitions

       In this Act, unless the context otherwise requires,
       (1) "Agriculture" includes,
       (a) Horticulture;
       (b) the raising of crops, grass or garden produce;
       (c) the use by an agriculturist of land held by him or part thereof for grazing;
       (d) the use of any land for the purpose of raising manure crops;
       (e) dairy farming;
       (f) poultry farming;
       (g) livestock breeding;
       (h) growing of trees;
       and "agricultural" shall be construed accordingly;
       (2) "credit

S.3 Issue of Patta Pass Book

       (1) The Tahsildar shall issue a Patta Pass Book to every owner in respect of land owned by him, on an application made by him in this behalf. Any application received under this section shall be acknowledged by the Tahsildar or any other officer authorised by him in this behalf.
       (2) A taluk shall be the unit for the issue of Patta Pass Book.
       (3) (a) As soon as may be after the publication of the notification under subsection (3) of section 1 bringing this section into force in an area and before undertaking the work relating to the issue of Patta Pass Book, the Tahsildar shall publish a notice in each village in such area informing the public that Patta Pass Book, is to be issued under this Act to every owner and such owner shall apply for the issue of Patta Pass Book as provided under this section.
     &

S.4 Presumption of correctness of entries in the Patta Pass Book

The entries in the Patta Pass Book and the certified copy of entries in the Patta Pass Book shall be presumed to be true and correct until the contrary is proved or a new entry is lawfully substituted therefore.

S.5 Making of entries of registration of alienation or transfer in the patta pass book

       (1) No document relating to transfer of any land by sale, gift, mortgage, exchange, settlement or otherwise shall be registered by the registering authority, unless the Patta Pass Book relating to such land is produced before such registering authority,
       (2) No document referred to in sub-section (1) shall be registered by the registering authority, unless the person liable to pay the registration fees also pays to registering authority such fees as may be prescribed for making necessary entries relating to such transfer in the Patta Pass Book. On the registration of such document and after making necessary entries in the Patta Pass Book, the registering authority shall make a report, of such registration and also send a certified extract of the said entries to the Tahsildar.
       (3) On receipt of the certified extracts of the entries relatin

S.6 Entries in the Patta Pass Book to be prima facie evidence of title

The entries in the Patta Pass Book issued by the Tahsildar under section 3 shall be prima facie evidence of title of the person in whose name the Patta Pass Book has been issued to the parcels of land entered in the Patta Pass Book, free of any prior encumberance unless otherwise specified therein.

S.7 Acquisition of rights to be reported

       (1) any person acquiring by succession, survivorship, inheritance, partition, purchase or otherwise, or by decree or order of a court or by, order of the Government or other authority any right in or over any land as owner shall report in writing his acquisition of such right to the Tahsildar within three months from the date of such acquisition or within such further period as may be prescribed and the said officer shall give a written acknowledgement of the receipt of the report to the person making it.
       Provided that where the person acquiring the right is a minor or otherwise disqualified, his guardian or other person having charge of his property shall make the report to the Tahsildar:
       Provided further that any person acquiring a right by virtue of a registered document shall be exempted from the obligation to report to the Tahsildar

S.8 Certified copies

Application for certified copies of entries in the register of Patta Pass Book may be made to and such copies may be issued by, the Tahsildar in such manner and on collection of such fees as may be prescribed.

S.9 Presentation of Patta Pass Book before credit agency

Every owner of the land taking financial assistance or a loan from any credit agency on security of land, shall produce the Patta Pass Book relating to his land to such credit agency. The credit agency shall cause the necessary entries being made in the Patta Pass Book giving particulars of such financial assistance or loan and the charge or mortgage created by the owner in respect of the land in the respective columns provided in the Patta Pass Book in such manner as may be prescribed. A copy of the extract of the said entries shall also be sent by the credit agency to the Tahsildar within such period as may be prescribed. On receipt of such copy of the extract the Tahsildar shall make the necessary entries of the grant of such financial assistance or loan and the creation of charge or mortgage in respect of the land held by such owner in the Register of Patta Pass Book maintained by him.

S.10 Modifications of entries in the Patta Pass Book

       (1) Where any person claims that any modification is required in respect of any entry in the Patta Pass Book already issued under Section 3 either by reason of the death of any person or by reason of the transfer of interest in the land or by reason of any other subsequent change in circumstances, he shall make an application to the Tahsildar for the modification of the relevant entries in the Patta Pass Book.
       (2) An application under sub-section (1) shall contain such particulars as may be prescribed and shall be accompanied by the documents, if any, relied on by the applicant as evidence in support of his claim.
       (3) (a) Before passing an order on an application under sub-section (1), the Tahsildar shall follow such procedure as may be prescribed and shall also give reasonable opportunity to the parties concerned to make their repre

Legal Commentary on Tamil Nadu Patta Pass Book Act, 1983 - Section 10

Introduction

Section 10 of the Tamil Nadu Patta Pass Book Act, 1983, governs the modification of entries in the patta pass-book. It empowers the Tahsildar to handle applications for changes due to death, transfer of interest, or other subsequent circumstances, ensuring procedural fairness in revenue records.

What does Section Say

Section 10 provides:- Sub-section (1): Any person claiming modification of entries in a patta pass-book issued under Section 3 (due to death, transfer, or other changes) must apply to the Tahsildar.- Sub-section (2): Application must include prescribed particulars and supporting documents.- Sub-section (3)(a): Tahsildar must follow prescribed procedure, give reasonable opportunity for representations (oral/written), pass reasoned orders, and effect changes if warranted.- Sub-section (3)(b): Reject application if no modification needed.- Sub-section (3)(c): Orders must be reasoned and communicated as prescribed.

Essential Ingredients

• Application to Tahsildar for modification.
• Specific grounds: death, transfer, or subsequent change.
• Prescribed form, particulars, and evidence.
• Procedural compliance: notice, hearing, reasoned order.
• Communication of decision to parties.

Scope of Section

Section 10 is limited to administrative modifications by Tahsildar under specified circumstances. It excludes title adjudication (refer to civil court). Applies to existing patta entries; integrates with appeals (S.12), revisions (S.13). Does not confer title; patta is presumptive evidence (S.4, S.6).

Punishment for Section

No specific punishment outlined in sources for Section 10 violations. Procedural lapses (e.g., no hearing) lead to orders being set aside; no penal provisions detailed.

Legal Comments

• Tahsildar Authority - Tahsildar is competent authority under Section 10 for modifications only under death, transfer, or subsequent changes; must give reasonable opportunity for representations before ordering changes - [S. Vijay Chakkaravarthi VS District Collector]
• Natural Justice - Orders without notice or enquiry violate principles of natural justice; matter remitted for fresh consideration with notice to parties - [S. Vijay Chakkaravarthi VS District Collector]
• Competent Authority - Court directed Competent Authority (Tahsildar) under Section 10 to consider representation without opining on merits - [Thangaraj VS District Collector, Salem District]
• Modification Grounds - Modifications limited to specific circumstances; RDO lacks original jurisdiction, acts only as appellate authority under S.12 - [T. R. Dinakaran VS Revenue Divisional Officer, Aruppukottai]
• Civil Court Referral - In title disputes, parties directed to Civil Court; revenue authorities cannot adjudicate title under Section 10 - [M/s. GMMCO Limited, rep. by its Senior Vice President VS The Government of Tamil Nadu, rep. by its Chief Secretary]
• Procedural Compliance - Tahsildar must conduct enquiry, provide hearing; failure leads to setting aside orders - [J. Sundararajan @ Sundaram VS District Collector]
• No Title Adjudication - Revenue authorities (including Tahsildar) cannot decide title disputes; refer to Civil Court per Rule 4(4) - [R. Sivaguru VS M. Thirukumaran @ Kumar]
• Reasoned Orders - Tahsildar must pass reasoned speaking orders after hearing; directed in encroachment cases - [P. Kaliamoorthy VS District Collector, Nagapattinam, Nagapattinam District]
• RDO Jurisdiction Limit - RDO cannot act as original authority under Section 10; only appellate under S.12 against Tahsildar orders - [T. R. Dinakaran VS Revenue Divisional Officer, Aruppukottai]
• Fresh Consideration - Patta transfer without enquiry set aside; remitted to Tahsildar for compliance with Section 10 procedure - [S. Vijay Chakkaravarthi VS District Collector]
• Title Disputes - Disputed facts/title not decidable in writ; approach Civil Court; orders under S.10(3)(a) set aside - [M/s. GMMCO Limited, rep. by its Senior Vice President Chennai VS The Government of Tamil Nadu, rep. by its Chief Secretary, Chennai]
• Hearing Requirement - Before modification, reasonable opportunity mandatory; violation leads to quashing - [Thangaraj VS District Collector, Salem District]
• Application Contents - Must contain prescribed particulars and documents; Tahsildar follows prescribed procedure - [Thangaraj VS District Collector, Salem District]
• Rejection Power - Tahsildar may reject if no case for modification; order must be reasoned - [Thangaraj VS District Collector, Salem District]
• Encroachment Remedy - Representation under Section 10 considered for patta on disputed government land used for public purposes - [Thangaraj VS District Collector, Salem District]
• Statutory Remedy - Petitioner must exhaust Section 10 before writ; mandamus not for bypassing procedure - [Lakshmiammal VS District Collector, Krishnagiri District]
• Modification Exclusive - Cancellation not "modification" under Section 10 unless fitting specified grounds; civil suit for title - [T. R. Dinakaran VS Revenue Divisional Officer, Aruppukottai]
• Notice Mandatory - No order without notice to parties; remitted for enquiry under Section 10 - [P. Vijayan VS District Revenue Officer, Tuticorin]
• Presumption Link - Entries presumptively correct (S.4); Section 10 for changes only on valid application/hearing - [R. Pandian VS District Revenue Officer]
• Writ Disposal - Directed Tahsildar to decide representation under Section 10 with personal hearing per natural justice - [P. Kaliamoorthy VS District Collector, Nagapattinam, Nagapattinam District]

S.11 Persons to furnish information

       (1) Any person whose rights or interests are required to be, or have been entered in any Patta Pass Book under this Act shall be bound, on the requisition of the Tahsildar engaged in the preparing or modifying the entries in the Patta Pass Book, to furnish or produce for his inspection within such time as may be specified in such requisition or within such further time as the Tahsildar may, in his discretion allow, all such information or documents needed for the correct preparation or revision thereof as may be within his knowledge or in his possession or power.
       (2) Where any information is furnished or any document is produced in accordance with the requisition under sub-section (1), the Tahsildar or any officer authorised by him in this behalf shall give a written acknowledgement thereof to the person furnishing or producing the same and shall endorse on such document a note und

S.12 Appeal

Any person aggrieved by an order made by the Tahsildar under this Act may within such period as may be prescribed appeal to such authority as may be prescribed and the decision of such authority on such appeal shall subject to the provisions of section 13, be final.

S.13 Revision

       Any officer of the Revenue Department not below the rank of District Revenue Officer authorised by the Government, by notification, in this behalf for such areas as may be specified in the notification, may of his own motion or on the application of a party call for and examine the records of any Tahsildar or appellate authority within his jurisdiction in respect of any proceeding under this Act and pass such orders as he may think fit:
       Provided that no such order prejudicial to any person shall be made unless he has been given a reasonable opportunity of making his representation.

Legal Commentary on Section 13 of the Tamil Nadu Patta Pass Book Act, 1983

Introduction

Section 13 of the Tamil Nadu Patta Pass Book Act, 1983, provides the mechanism for revision of orders passed by revenue authorities concerning entries in the Patta Pass Book. It establishes a statutory remedy for aggrieved parties to challenge administrative decisions and ensures oversight by higher revenue officers.

What does Section 13 Say

Section 13 authorizes officers of the Revenue Department not below the rank of District Revenue Officer, designated by the Government, to call for and examine records of any Tahsildar or appellate authority within their jurisdiction. They can initiate suo motu or upon application, review proceedings, and pass such orders as they deem fit, with the caveat that no prejudicial order should be made without providing a reasonable opportunity for the concerned party to make representations.

Essential Ingredients

• Authorized Officer: Not below the rank of District Revenue Officer, notified by the Government.
• Power of Review: Can call for and examine records of Tahsildars or appellate authorities.
• Suo Motu or Application: Can act on their own or on application.
• Procedural Fairness: Must afford a reasonable opportunity to parties before passing prejudicial orders.
• Scope of Orders: Can pass any orders deemed fit within their authority.

Scope of Section

Section 13 applies to proceedings under the Tamil Nadu Patta Pass Book Act, 1983, including orders related to modification of entries, transfer of land, or cancellation of pattas. It provides a hierarchical review mechanism, ensuring that decisions are subject to oversight by higher revenue authorities. The section emphasizes procedural fairness and safeguards against arbitrary decisions.

Punishment for Violations

The Act does not specify explicit punishments for violations of Section 13. However, procedural lapses, such as passing prejudicial orders without giving a fair hearing, can lead to orders being quashed or set aside by courts. Penalties for furnishing false information or misusing the process are covered under other provisions of the Act.

Legal Comments

• Scope and Authority - Section 13 empowers a high-ranking revenue officer to review and revise orders, ensuring checks and balances in land record management. [Source: "A. Punniakodi VS Special Commissioner and Commissioner of Land Administration, Chennai"]
• Procedural Fairness - The requirement of a reasonable opportunity aligns with principles of natural justice, preventing arbitrary or prejudicial orders. [Source: "C. RAJAMANICKAM VS DISTRICT REVENUE OFFICER SALEM"]
• Hierarchy of Review - The section establishes a hierarchical appellate/revisional process, with the District Revenue Officer at the apex of this review. [Source: "A. Punniakodi VS Special Commissioner and Commissioner of Land Administration, Chennai"]
• Suo Motu Power - The provision allows officers to initiate review suo motu, promoting administrative oversight. [Source: "A. Punniakodi VS Special Commissioner and Commissioner of Land Administration, Chennai"]
• Application of Principles of Natural Justice - Courts have emphasized that no prejudicial order should be made without affording an opportunity to be heard. [Source: "C. RAJAMANICKAM VS DISTRICT REVENUE OFFICER SALEM"]
• Time Limit and Limitation - While Section 13 itself does not specify a limitation period, Rules under the Act, such as Rule 15 of the Tamil Nadu Patta Pass Book Rules, 1987, prescribe a 90-day period for filing revisions, with provisions for condonation of delay. [Source: "K. Jaganathan VS District Revenue Officer/Additional District Magistrate Coimbatore"]
• Revisional Power and Finality - Orders passed under Section 13 are subject to revision, but the finality of entries in the Patta Pass Book is protected, unless procedural violations occur. [Source: ""]
• Role of Natural Justice - The courts have held that the right to a fair hearing is integral, and orders lacking this are liable to be quashed. [Source: "C. RAJAMANICKAM VS DISTRICT REVENUE OFFICER SALEM"]
• Limitations and Bar - The Act bars suits against the Government or officers in respect of entries in the Patta Pass Book, reinforcing the administrative nature of the proceedings. [Source: ""]
• Revocation and Modification of Entries - Section 13 facilitates correction of entries, but such modifications must follow prescribed procedures, including notices and hearings. [Source: "K. Murugan VS District Collector"]
• Judicial Review - Courts have upheld that orders under Section 13 are subject to judicial review if procedural violations or bias are established. [Source: "A-2459 The Coats Viyella Employees Co-operative Housing Societies Ltd. VS Harvey Nagar Residents Welfare Association, rep. by its Secretary"]
• Procedural Safeguards - The requirement of a reasonable opportunity is a safeguard to prevent abuse of power and ensure transparency. [Source: "C. RAJAMANICKAM VS DISTRICT REVENUE OFFICER SALEM"]
• Remedies and Appeals - The Act provides for appeals and revisions, but parties must exhaust these remedies before approaching courts. [Source: "Thotte Gowde VS District Collector"]
• Limitations on Power - The revisional authority cannot pass prejudicial orders without following the statutory procedure, including hearing and examining records. [Source: "A. Punniakodi VS Special Commissioner and Commissioner of Land Administration, Chennai"]
• Legal Precedents - Courts have consistently held that procedural lapses, such as denying a hearing, vitiate orders passed under Section 13. [Source: "C. RAJAMANICKAM VS DISTRICT REVENUE OFFICER SALEM"]
• Finality of Entries - Despite the revisional powers, entries in the Patta Pass Book are presumed correct unless challenged through proper statutory procedures. [Source: ""]
• Role of Natural Justice in Land Disputes - Ensuring a fair opportunity to be heard is crucial in land record revisions to uphold justice and prevent arbitrary decisions. [Source: "C. RAJAMANICKAM VS DISTRICT REVENUE OFFICER SALEM"]
• Impact of Procedural Violations - Orders passed in violation of procedural requirements under Section 13 are liable to be set aside by courts. [Source: "C. RAJAMANICKAM VS DISTRICT REVENUE OFFICER SALEM"]
• Relevance of Rules - The Rules framed under the Act, especially Rule 15 of the Tamil Nadu Patta Pass Book Rules, 1987, are significant in prescribing time limits and procedures for revision. [Source: "K. Jaganathan VS District Revenue Officer/Additional District Magistrate Coimbatore"]

In summary, Section 13 plays a pivotal role in maintaining the integrity of land records by allowing higher authorities to review and revise orders, provided procedural fairness is observed. Courts have reinforced that violations of natural justice, such as denying parties an opportunity to be heard, render orders liable to be quashed, emphasizing the importance of transparency and adherence to statutory procedures.

S.14 Bar of suits

       No suit shall lie against the Government or any officer of the Government in respect of a claim to have an entry made in any Patta Pass Book that is maintained under this Act or to have any such entry omitted or amended:
       Provided that if any person is aggrieved as to any right of which he is in possession, by an entry made in the Patta Pass Book under this Act, he may institute a suit against any person denying or interested to deny his title to such right, for a declaration of his rights under chapter VI of the Specific Relief Act, 1963 (Central Act 47 of 1963); and the entry in the Patta Pass Book shall be amended in accordance with any such declaration.

S.15 Certified copies of records to be annexed to plaint or application

       (1) The plaintiff or applicant in every suit or application as hereinafter defined relating to land situated in any area to which this Act applies shall annex to the plaint or application a certified copy of an entry in the register of Patta Pass Book or the Patta Pass Book relevant to such land.
       (2) if the plaintiff or applicant fails to do so, for any cause which the court deems sufficient, he shall produce such certified copy within a reasonable time to be fixed by the court and if such certified copy is not so annexed or produced, the plaint or application shall be rejected, but the rejection thereof shall not of its own force preclude the presentation of a fresh plaint in respect of the same cause of action or of a fresh application in respect of the same subject matter with a certified copy annexed.
       (3) In this section,-
 &

S.16 Penalty for failure to furnish information

If any person fails to furnish any information or to produce any document requisitioned under sub-section (5) of section 3 or under section 11 within the time specified in the requisition under that section or within the further time, if any allowed by the Tahsildar under that section, he shall be punishable with fine, which may extend to two hundred rupees.

S.17 Penalty for furnishing false information

If any person who is required to furnish any information under this Act, furnishes any information which he knows, or has reason to believe to be false, he shall be punishable with imprisonment for a term which may extend to three months or with fine, which may extend to one thousand rupees.

S.18 Cognizance of offences

No court shall take cognizance of any offence punishable under this Act except on complaint in writing made by an officer authorised in this behalf by the Government.

S.19 Protection of action taken in good faith

No suit or other legal proceeding shall lie against any officer or authority for anything which is, in good faith, done or intended to be done in pursuance of this Act or any rule made thereunder.

S.20 Exemption

Nothing contained in this Act shall apply to any land owned by the Central Government or any local authority.

S.21 Act to override other laws, etc.

The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law, custom or usage or contract.

S.22 Power to make rules

       (1) The Government may make rules for carrying out the provisions of this Act.
       (2) All rules made under this Act shall be published in the Tamil Nadu. Government Gazette and unless they are expressed to come into force on a particular day, shall come into force on the day on which they are so published.
       (3) Every rule made under this Act shall, as soon as possible, after it is made, be placed on the table of both Houses of Legislature and if, before the expiry of the session in which it is so placed or the next session, both Houses agree in making any modification in any such rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of any

S.23 Issue of Patta Pass Book for house site

       (1) The Tahsildar shall issue a Patta Pass Book to every owner in respect of the house site owned by him.
       (2) Save as otherwise provided in this Act, the provisions of this Act and the rules made thereunder shall so far as may be apply in relation to the issue of Patta Pass Book for house site under this section, as they apply in relation to the issue of Patta Pass Book for land under this Act.
       Explanation- For the purposes of this section.-
       (a) "house site" means a plot of land held for building purposes whether any building is actually erected thereupon or not and includes the open ground or courtyard enclosed by, or adjacent to, any building erected thereupon but does not include land as defined in clause (4) of section 2;
       (b) "owner" means any p

S.24 Power to remove difficulties

       (1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order, published in the Tamil Nadu Government Gazette, make such provisions not inconsistent with the provisions of this Act, as appears to them to be necessary or expedient for removing the difficulty:
       Provided that no order shall be made after the expiry of two years from the date of publication of this Act in the Tamil Nadu Government Gazette.
       (2) Every order made under this section shall, as soon as may be after it made, be laid before both Houses of the Legislature.