A. Andiyappan v. Revenue Divisional Officer, Revenue Divisional Office, Iluppur Taluk, Pudukottai District
2020-08-19
D.KRISHNAKUMAR
body2020
DigiLaw.ai
JUDGMENT : (Prayer: Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to issue a Writ of Mandamus or any other order or direction in the nature of the Writ, directing the 2nd Respondent to issue Patta to the petitioner's property to an extent of 8 cents of land in Survey No.79/1 in Thenur Village, Alavayal Circle, Ponnamaravathi Taluk, Pudukottai District on the basis of petitioner's representation dated 22-05-2020, 27-05-2020. Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to issue the writ of mandamus by directing the respondent to conduct enquiry for patta proceedings to issue a patta in the name of the petitioner on the basis of her application dated 08.01.2020 submitted by the petitioner to the respondent in respect of house bearing Door No.3/335 comprised in old S.No.179/1 Part Now, UDR S.No.266/19, measuring about 0.00.38.0 Sq.mtr, Thenur 2nd Bit Village, Samayanallur via, Madurai North Taluk, Madurai District within a time frame as may be fixed by this Hon'ble Court. Prayer in WP(MD) No. 8659/ 2020 : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue Writ of Mandamus by directing the respondent to conduct enquiry for patta proceedings to issue a joint patta in the name of the petitioner and in the name of the legal heirs of his father on the basis of his application dated 18.06.2019 submitted by him to the respondent in respect of their property comprised in S.No.24/4D1, 24/4A, 24/4D2, 25/7A1 situated at Sivalingam village, Madurai North Taluk, Madurai District. Prayer in WP(MD) No. 8373/ 2020 : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to directing the respondents to issue patta to the petitioner in respect to Survey No.584/1A1 situated at Kutchanur village, Uthamapalayam Taluk, Theni District by considering his online application vide No.2020/0103/25/041761 dated 03.02.2020 within the time frame fixed by this Hon'ble Court may deem fit.
Prayer in WP(MD) 22506/ 2019 : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court issue a Writ of Mandamus directing the 1st respondent to take action on the enquiry proceedings of 1st respondent with regard to issuance of patta enquiry notice issued in O.M.A3/6512/2017 dated on 28/11/2017, consider the petitioner application made on 24/10/2017 and stipulated time may be fixed on proceedings of the 1st respondent. Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to issue a Writ of Mandamus, directing the Respondents to survey the Petitioner's Punja Land in Survey No.52/3C1B to an extent of 05.35 Ares situated at Sithumoondradaippu, Kariyapatti Taluk, Virudhunagar District confined in Joint patta No.202 and to issue separate Patta in his favour after necessary sub division in the said land on the basis of his Representation dated 31.12.2018. Prayer in WP(MD) 5920/ 2019 : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the 2nd respondent to issue patta in petitioner's name in Survey No.688/3 situated at Chillamarthupatti, Bodinaickanur Taluk, Theni District, by considering the petitioner's representation dated 21/01/2019. Prayer in WP(MD) 18676/ 2018 : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to issue patta on the application made by the petitioner on 14.06.2018 by post and subsequently made application online on 19.06.2018 vide application numbers 2018/0103/30/157559, 2018/0103/30/157546, 2018/0103/30/157567 (CAN) 0333004414073 within time to be fixed by this Hon'ble Court. Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to issue a Writ of Mandamus directing the 2nd respondent to revoke the name of the 3rd respondent's husband from the patta issued to the petitioner bearing Patta No.2814 and issue independent Patta to the petitioner in respect of the property bearing survey No.598/2A by considering the petitioner's representation dated 06/02/2018.
Prayer in WP(MD)No. 25497/ 2018 : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 4th respondent to issue patta in favour of my name after making necessary changes in the village accounts and revenue registers within a time stipulated by this Honourable Court. Prayer in WP(MD) 25503/ 2018 : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the Respondent to issue Patta in favour of the petitioner based on the petitioners application dated 12.12.2018 for the property measuring 3540 Sq. feet in New T.S.No.5/1A 1A 1A/1A8 (H.C.C.O.1467) and T.S.No.5/1A 1A 1A/1A9 (H.C.C. 0.1418) situated at New Block No.21, New Trichirappalli Municipal ward No.L, K. Abishekapuram Village, Trichirappalli Taluk, Trichirappalli District. Prayer in WP(MD) No. 23730/ 2018 : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a writ of Mandamus, directing the respondents to issue patta infavour of the petitioners for the land comprised in survey Nos.30/18G, 38/2, 39/11B, 43/1A, 43/1B, 43/3B, 43/7A, 43/9B, 43/13C, 44/7, 44/9, 47/3A, 26/11B, 27/171AB, 94/11B, 94/13B, 44/1, 44/8, 47/3C & 56/4E of Parapathi Village, Thirupparankundram Taluk, Madurai District with in a stipulated time that may be fixed by the Hon'ble Court. Prayer in WP(MD) No. 21569/ 2018 : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 2nd respondent to issue patta in respect in land admeasuring an extent of 61 cents in S.No.10/1 Ethilod Village, Nilakkottai Taluk, Dindigul District in the light of judgment and decree made in A.S.No.33 of 2015 on the file of the Principal Sub Court, Dindigul dated 01.08.2016 based on the representation dated 02.06.2018 preferred by the petitioner. Prayer in WP(MD) No. 2613/ 2018 : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 24/07/2017 seeking for issuance of joint patta in the petitioner's name.
Prayer in WP(MD) No. 2613/ 2018 : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 24/07/2017 seeking for issuance of joint patta in the petitioner's name. Prayer in WP(MD)No. 2448/ 2018 : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus thereby directing the 2nd respondent to consider the petitioner's representation dated 11/01/2018 for change of patta. Prayer in WP(MD) No. 1986/ 2018 : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the Respondent to survey the land and grant patta in the name of petitioner with respect to property situated in Pudukottai District, Aranthangi Taluk, Kurumbur Village SF. No. 131/1C1B for an extent of 50 cents based on the petitioners patta name transfer application dated on 09.03.2017 and petitioner's representation dated on 19.12.2017. Prayer in WP(MD) No. 20163/ 2018 : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of mandamus directing the Respondents herein to issue Patta to the Petitioner's house site bearing Old Survey No.509/5 new Survey No.800/8 of an extent of 40 cents at Ilavankulam, Srigomathipuram Post, Sankarankovil, Tirunelveli District by considering the last representations of the Petitioner dated 28.08.2018 within stipulated time framed by this Honble Court.) These petitions coming on for orders upon perusing the petitions and the affidavits filed in support thereof and upon hearing the arguments of Mr. D. SENTHIL, Advocate for the petitioner in WP(MD) No.7746 of 2020 and Mr. M. PONNIAH, Advocate for the petitioner in WP(MD) Nos.6308, 8659 of 2020 and MR.C.PRITHIVIRAJ, Advocate for the petitioner in WP(MD) No.8373 of 2020 and of Mr. S. KRISHNAN, Advocate for the petitioner in WP(MD) 22506/ 2019 and Mr. N. ANANDAKUMAR, Advocate for the petitioner in WP(MD) No.1628 of 2019 and MR.S.PAKALAVAN, Advocate for the petitioner in WP(MD) No.5920 of 2019 and MR.V.H.S.PRATHAP, Advocate for the petitioner in WP(MD) No.18676 of 2018 and Mr.
S. KRISHNAN, Advocate for the petitioner in WP(MD) 22506/ 2019 and Mr. N. ANANDAKUMAR, Advocate for the petitioner in WP(MD) No.1628 of 2019 and MR.S.PAKALAVAN, Advocate for the petitioner in WP(MD) No.5920 of 2019 and MR.V.H.S.PRATHAP, Advocate for the petitioner in WP(MD) No.18676 of 2018 and Mr. M. GNANAGURUNATHAN, Advocate for the petitioner in WP(MD) No.3416 of 2018 and MR.S.VINOTH, Advocate for the petitioner in WP(MD) No.25497 of 2018 and MR.M.KANNAN, Advocate for the petitioner in WP(MD) No.25503 of 2018 and MR.R.RAJAMOHAN, Advocate for the petitioner in WP(MD) No.23730 of 2018 and Mr. S. VELLAICHAMY, Advocate for the petitioner in WP(MD) No.21569 of 2018 and Mr. M. SIDDHARTHAN, Advocate for the petitioner in WP(MD) No.2613 of 2018 and Mr. J.C. RATHNAVEL PANDIAN, Advocate for the petitioner in WP(MD)No.2448 of 2018 and MR.S.KARTHICK SUBRAMANIAN, Advocate for the petitioner in WP(MD) No.1986 of 2018 and Mr. A. SARAVANAN, Advocate for the petitioner in WP(MD) No.20163 of 2018 and Mr. K. CHELLAPANDIAN, Additional Advocate General assisted by (1) Mr. C. RAMESH, Special Government Pleader (2). Mr. P. KANNIDEVAN, Additional Government Pleader 3). Mr. M. PANDIARAJAN, Additional Government Pleader (4) Mr. C.M. MARICHELLIAH PRABHU, Additional Government Pleader on behalf of the official Respondents in all petitions the court made the following order:- 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 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.
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 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, 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.
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 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.
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, on 19.08.2020. 15. List the Writ petition on 19thAugust, 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 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.
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-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 3428 2. Chennai 2265 1521 3. Kancheepuram 7758 3114 4. Vellur 16956 2138 5. Dharmapuri 20839 4173 6. Thiruvannamalai 14304 4481 7. Villupuram 20080 4009 8. Salem 38730 5878 9. Namakkal 13913 4580 10. Erode 25282 4754 11. Nilgiris 364 361 12. Coimbatore 45032 4650 13. Dindigul 25547 5679 14. Karur 5526 2043 15. Thiruchirappalli 19806 4612 16. Perambalur 3333 1356 17. Ariyalur 4022 2649 18. Cuddalore 11294 4408 19. Nagapattinam 5602 3519 20. Tiruvarur 4330 3184 21. Thanjavur 8348 7942 22. Pudukottai 11382 4172 23. Sivagangai 11986 4160 24. Madurai 43133 6969 25. Theni 9187 1173 26. Virudhunagar 19961 2697 27. Ramanathapuram 16854 2087 28. Thoothukudi 14804 6841 29. Tirunelveli 14615 3943 30. Kanyakumari 9394 7143 31. Krishnagiri 58834 4579 32. Tiruppur 25426 9694 33. Kallakurichi 16151 5129 34. Tenkasi 13450 2774 35. Chengalpattu 14208 3743 36. Tirupattur 20786 1954 37. Ranipet 22480 1370 Total 6,39,930 1,46,907 6.4.
Madurai 43133 6969 25. Theni 9187 1173 26. Virudhunagar 19961 2697 27. Ramanathapuram 16854 2087 28. Thoothukudi 14804 6841 29. Tirunelveli 14615 3943 30. Kanyakumari 9394 7143 31. Krishnagiri 58834 4579 32. Tiruppur 25426 9694 33. Kallakurichi 16151 5129 34. Tenkasi 13450 2774 35. Chengalpattu 14208 3743 36. Tirupattur 20786 1954 37. Ranipet 22480 1370 Total 6,39,930 1,46,907 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 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. 6.5.
(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. 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 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 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.
(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 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 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.
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 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 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. (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. 13. 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. 14. Post these matters on 14.09.2020 at 02.15 p.m.