Avinashi Taluk Consumer Protection Council, rep. by its President, v. R. Othiswamy VS State of Tamil Nadu, rep. by its Secretary to Government, Revenue Department, Chennai & Others
2010-02-03
ELIPE DHARMA RAO, K.K.SASIDHARAN
body2010
DigiLaw.ai
Judgment :- 1. The writ petition is filed for a direction to the Respondents 1 to 3 to issue appropriate directions permitting registration of the conveyance deeds in respect of agricultural lands in coimbatore District without insisting patta passbook issued under the Tamil Nadu patta pass Book Act 1983 until such time the patta passbooks are available with the authorities concerned and issued to the agricultural land owner. 2. it is submitted that the Registration Authorities are insisting patta passbooks for registration of transactions with regard to agricultural lands. Though the Tamil Nadu patta pass Book Act, 1986 provided for issue of patta passbook to the owners of agricultural lands in Tamilnadu, the State Government did not take effective steps for issuing the same to every individual owner. Whenever enquiries were made, lack of supply and stock of patta passbooks were cited as the reason for its non-issue. In view of the non-issuance of patta passbook the agricultural land owners in Coimbatore District are unable to convey their lands. Therefore, on behalf of the Farmer’s Association, the petitioner has raised the issue in the farmer’s Grievance Day conducted on every third Friday of the month by the District Collectors in Tamil Nadu as per the instructions of the State Government. Though the petitioner was told that the State Government was being persuaded to address the issue at the earliest, the third Respondent was unable to take effective steps to resolve the issue. Therefore, the petitioner made a representation dated 21.10.2005 to the Respondents 3 and 4 praying to issue patta passbook, for which the fourth Respondent sent a reply dated 8.11.2005 stating that due to the non-availability of patta passbook, the same cannot be issued. He submitted another representation dated 14.11.2005 to the Respondents 1 and 2 requesting them to permit registration transactions with regard to agricultural lands as before without insisting the patta passbooks. Since there was no reply from them, he filed this writ petition. 3. We have heard the submissions made by the learned counsel appearing on either side and also perused the materials available on record. 4. Though the writ petition is filed in the year 2005, the Respondents have neither chosen to filed counter affidavit for the past five years nor chosen to issue patta pass book to the agricultural land owners. 5.
We have heard the submissions made by the learned counsel appearing on either side and also perused the materials available on record. 4. Though the writ petition is filed in the year 2005, the Respondents have neither chosen to filed counter affidavit for the past five years nor chosen to issue patta pass book to the agricultural land owners. 5. Therefore, we consider it appropriate to dispose of the writ petition with a direction to the Respondents 1, 3 and 4 to issue patta passbooks to the agricultural land owners as expeditiously as possible, so as to enable them for registration of transactions with regard to their agricultural lands. In case the Government is not in a position to issue patta pass Books, the Registration Department should not insist the production of patta pass book for Registration purpose. No costs.