W.P.(MD)Nos.7746, 6308, 8659, 8373 of 2020 & 22506, 1628 ...
Transcript of W.P.(MD)Nos.7746, 6308, 8659, 8373 of 2020 & 22506, 1628 ...
W.P.(MD)Nos.7746 of 2020 & batch cases
W.P.(MD)Nos.7746, 6308, 8659, 8373 of 2020 & 22506, 1628 & 5920 of 2019 &
18676, 3416, 25497, 25503, 23730, 21569, 2613, 2448, 1986 & 20163 of 2019
D.KRISHNAKUMAR, J.
Heard the learned counsel appearing for the petitioners and
Mr.K.Chellapandian, learned Additional Advocate General appearing for the
respondents.
2.According to the petitioners, all these Writ Petitions being filed with the
prayer that the authorities have not considered their applications with regard to
issuance of transfer of patta and they are pending for several months / years.
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
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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 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
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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 superseding 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.
(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,
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anywhere through an online portal created for this purpose.
4.When these matters came up for hearing on 31.07.2020, this Court after
hearing the arguments made by either side, had posed many questions to the
learned Special Government Pleader and directed 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:
“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.
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
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the officer, despite several instructions given by the Government. It is to
be answered by the Department for giving the effect to the
implementation 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.
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,
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on 19.08.2020.
15.List the Writ petition on 19th August, 2020.”
5.Today, when these matters are taken up for hearing, the learned
Additional Advocate General submitted a status report filed by the Director,
Survey and Settlement, Chennai.
6.Based on the status report, the submissions of the learned Additional
Advocate General are 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
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application is 15 days and the patta 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-
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service 'anytime anywhere' and there is no need for the registrants to file patta
transfer applications separately at Taluk Offices.
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) (pending)
Not Involving Sub-Division (NISD) (pending)
1. Tiruvallur 23948 34282. Chennai 2265 15213. Kancheepuram 7758 31144. Vellur 16956 21385. Dharmapuri 20839 41736. Thiruvannamalai 14304 44817. Villupuram 20080 40098. Salem 38730 58789. Namakkal 13913 458010. Erode 25282 475411. Nilgiris 364 361
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12. Coimbatore 45032 465013. Dindigul 25547 567914. Karur 5526 204315. Thiruchirappalli 19806 461216. Perambalur 3333 135617. Ariyalur 4022 264918. Cuddalore 11294 440819. Nagapattinam 5602 351920. Tiruvarur 4330 318421. Thanjavur 8348 794222. Pudukottai 11382 417223. Sivagangai 11986 416024. Madurai 43133 696925. Theni 9187 117326. Virudhunagar 19961 269727. Ramanathapuram 16854 208728. Thoothukudi 14804 684129. Tirunelveli 14615 394330. Kanyakumari 9394 714331. Krishnagiri 58834 457932. Tiruppur 25426 969433. Kallakurichi 16151 512934. Tenkasi 13450 277435. Chengalpattu 14208 374336. Tirupattur 20786 195437. Ranipet 22480 1370
Total 6,39,930 1,46,907
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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 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
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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.
(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.
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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 have reviewed the
performance of OPT applications and necessary instructions are being issued to
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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
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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 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
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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.
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
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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
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
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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
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dispose of the applications on merits and to take decision and submit
the report before this Court on 14.09.2020.
(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.
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(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 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.
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19.08.2020
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 21.08.2020.ps
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D.KRISHNAKUMAR, J.
ps
W.P.(MD)Nos.7746, 6308, 8659, 8373 of 2020 & 22506, 1628 & 5920 of 2019 & 18676,
3416, 25497, 25503, 23730, 21569,2613, 2448, 1986 & 20163 of 2019
19.08.2020
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