AI Overview...
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Power and Procedure under Tamil Nadu Patta Pass Book Act s 12 - The section empowers the Revenue Divisional Officer (RDO) to cancel or rectify a patta pass book after following prescribed procedures, including issuing notices and passing orders. The validity of cancellation by the RDO is upheld if done according to the Act and Rules, as seen in case T. R. Dinakaran VS Revenue Divisional Officer, Aruppukottai - Madras.
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Authority and Legal Recourse - Section 12 and related provisions allow aggrieved parties to approach courts under Article 226 or 227 of the Constitution for enforcement or challenging orders. Courts have emphasized adherence to statutory procedures and the importance of proper administrative action B. Boomadevi VS District Collector, Kancheepuram - Madras.
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Transfer and Rectification of Patta - The Act, especially Rules 4 and 5, govern transfer of patta to legal heirs and rectification of records, ensuring proper procedure is followed. Computerization of records must also comply with the Act to prevent irregularities S. V. Gandhi VS The Collector Thoothukudi District & Another - Madras.
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Encroachment and Land Disputes - The Act's provisions, including Sections 3, 4, 5, 10, 12, 13, 14, and 21, are invoked in cases of encroachments and land disputes involving temple lands and government lands. Courts rely on these provisions to determine legality and correctness of entries K. Murugan VS District Collector - Madras.
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Presumption of Correctness - The issuance of patta pass-books creates a presumption of correctness, but orders can be challenged if procedural lapses occur. Courts have directed authorities to follow due process under Section 12 before cancellation or transfer R. Pandian VS District Revenue Officer - Madras.
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Transfer to Heirs - Rule 4 of the Rules facilitates transfer of patta to legal heirs, provided proper application and documentation are submitted. Courts have mandated that such transfers be carried out strictly according to the Rules P. Murugesan, General Secretary, Southern Dryland Farmers Association VS Secretary to the State, Department of Revenue, Fort St. George, Chennai - Madras.
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Dispute Resolution and Court Interventions - Courts have directed authorities to consider representations under Section 10 and have emphasized that orders affecting property rights must adhere to statutory procedures to prevent violations of natural justice Thangaraj VS District Collector, Salem District - Madras.
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Valuation and Bar under Section 14 - Section 14 imposes restrictions on valuation and certain legal actions concerning patta land. Courts have interpreted this section to uphold the bar on certain suits and to ensure proper valuation procedures are followed K. Ravi VS P. Sudarshan - Madras.
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Summary of Legal Principles - The Act emphasizes proper procedure for issuance, transfer, cancellation, and rectification of patta pass books. Orders must be issued following due process; courts have the authority to review administrative actions under constitutional provisions and ensure adherence to statutory rules G. Ramanujam VS State of Tamilnadu - Madras.
Analysis and Conclusion:
The Tamil Nadu Patta Pass Book Act, particularly Section 12, grants the RDO the authority to cancel or rectify patta pass books following prescribed procedures, including notices and orders. These actions are subject to judicial review to ensure legality and adherence to due process. Proper procedures under the Act and Rules are crucial for the validity of administrative orders, and courts have consistently upheld the importance of following statutory protocols in land disputes, transfer, and cancellation of pattas.
Search Results for "Tamil Nadu Patta Pass Book Act s 12 Power and Procedure"
2012 0 Supreme(Mad) 1597 • India - Madras
K.RAVICHANDRA BAABU
TAMIL NADU PATTA PASS BOOK ACT, 1983 - Rules 1987 - Rule 12, 14 and 15 - Cancellation of patta of writ petitioner by RDO - Validity ... on the first respondent, which is otherwise not available to him under the Tamil Nadu Patta Pass Book Act, 1983 - When petitioner ... Thereafter, the Tashildar shall pass an order accordingly,....
2019 0 Supreme(Mad) 1510 • India - Madras
R.MAHADEVAN
Patta Pass Book Act - Section 3 – Constitution of India - Article 226 - Sale deed was also registered - ... over courts and Tribunals as under Article 227 of Constitution but over all authorities which comes within meaning of Article 12 ... Nadu and necessary action be taken against such officers for negligence in official duties and causing huge loss to Government – ... liberty given by this Court to approach the authorities under the Patta Pass #HL....
2005 0 Supreme(Mad) 1576 • India - Madras
P.SATHASIVAM, S.SARDAR ZACKRIA HUSSAIN
Tamil Nadu Patta Pass Book Act, (IV of 1986), Sec.5 - Tamil Nadu Patta Pass Book Rules, 1987 - Transfer of Patta of agricultural ... is no question of apprehension because provisions of Act and Rules are being adhered to. ... lands-Provisions of Acts and Rules not followed in computerization of revenue records after introduction of "Tamil Nilam....
2019 0 Supreme(Mad) 163 • India - Madras
M.VENUGOPAL, R.PONGIAPPAN
Encroachment - Temple Land - Tamil Nadu Patta Pass Book Act, 1983 - Section 3, Section 4, Section 5, Section 10, Section 12, Section ... 13, Section 14, Section 21 - The court discussed the application of the Tamil Nadu Patta Pass Book Act, 1983 in the context of the ... Ratio Decidendi: The court relied on the provisions of the Tamil #HL_STAR....
2012 0 Supreme(Mad) 4118 • India - Madras
S.MANIKUMAR
to the prescribed procedure under the Tamil Nadu Patta Pass Book Act, 1983. ... provisions of the Tamil Nadu Patta Pass Book Act, 1983, including the issuance of patta pass-book, presumption of correctness of ... Tamil Nadu Patta Pass #HL....
2015 0 Supreme(Mad) 2377 • India - Madras
S.MANIKUMAR, G.CHOCKALINGAM
Mandamus - Transfer of Patta to Legal Heirs - Tamil Nadu Patta Pass Book Act, 1983, Rule 4 of the Tamil Nadu Patta Pass Book Rules ... holders and transfer patta to the successors under the Tamil Nadu Patta Pass Book Act, 1983. ... Final Decision: The cou....
2018 0 Supreme(Mad) 1888 • India - Madras
S.MANIKUMAR, SUBRAMONIUM PRASAD
Patta - Land Dispute - Tamil Nadu Patta Pass-Book Act, 1983, Section 10 Fact of the Case: The petitioner sought a ... Nadu Patta Pass-Book Act, 1983, without expressing any opinion on the merits of the dispute. ... the Court: The court directed the Competent Authority to consider the petitioner's representation under Section 10 of the Tamil ... Section 10 of t....
2011 0 Supreme(Mad) 3600 • India - Madras
ELIPE DHARMA RAO, M.VENUGOPAL
Nadu Patta Pass-Book Act, 1986 - Rule 4(4) of the Tamil Nadu Patta Pass Book Rules, 1987 Fact of the Case: The case ... The court also considered the interpretation of the Tamil Nadu Patta Pass-Book Act, 1986 and the relevant rules. ... the entries in the Patta Pass-#HL_ST....
2017 0 Supreme(Mad) 3223 • India - Madras
R.SUBRAMANIAN
Pass Book Act, Section 14 - The court discussed the valuation of the suit property, the bar under Section 14 of the Tamil Nadu Patta ... It interpreted the provisions of Section 14 of the Tamil Nadu Patta Pass Book Act and Order 7 Rule 11, and concluded that the bar ... Ratio Decidendi: The court interpreted the provisions of Section 14 of the Tamil N....
2020 0 Supreme(Mad) 2163 • India - Madras
N.SESHASAYEE
Civil Procedure Code,1908 - Section 80 - Tamilnadu Patta Pass Book Act – Section 14 - Sought is for a declaration ... by quoting provision of Sec. 14 of Tamilnadu Patta Pass Book Act - When the Title of plaintiff to the suit property was already ... hearing is not so granted, it is not only a blatant violation of the principles of natural justice, but also breach of statutory procedure ... Invoking Sec. 14 of the Tamil#HL_....
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