Patta case full order of justice D.KRISHNAKUMAR,J. These matters have been listed today under the caption “for reporting compliance”. In view of the fact that the respondents have not complied with the orders of this Court and keeping the applications pending for more than 30 days contrary to the Government Orders and the orders passed by this Court, both the Director of Survey and Settlement and the Commissioner of Land Administration are directed to take all efforts to dispose of the pending applications within a period of two weeks in compliance with the order passed by this Court. The District Collectors shall also strictly comply with the Circulars issued by the Commissioner of

W.P.(MD) Nos.2613, 2448, 3416,18676, 20163, 21569, 25497, 25503 of 2018, 1628, 5920, 22506 of 2019, 6306, 7746, 8373 & 8659 of 2020

D.KRISHNAKUMAR,J.
These matters have been listed today under the caption “for reporting compliance”.

2. As per the directions issued by this Court in W.P.(MD) Nos.7746 of 2002 and etc., batch, dated 23.09.2020, the Commissioner of Land Administration and the Director of Survey and Settlement have filed their respective status reports dated 16.09.2021 and 13.09.2021 and the same are placed on record.

3. According to the earlier report of the Commissioner of Land Administration, in compliance with the orders passed this Court, the Government has been requested to sanction funds for engaging 100 and more licensed surveyors on contract basis in OPT work from 01.06.2021 and subsequently, action has been taken to fill up the existing vacancies in the post of Field Surveyor pertaining to the year 2020-2021, through TNPSC and if candidates are allotted in July 2021, after imparting survey training for three months, they will be engaged in the OPT work from November, 2021.

4. Today, Mr.Veera.Kathiravan, learned Additional Advocate General appearing for the respondent Department submitted that 440 posts of Field Surveyor have been filled up and they have completed their training programme and therefore, they would be engaged for the OPT work.

5. The Commissioner of Land Administration has filed a status report, dated 16.09.2021, regarding the action taken for reduction of pendency of Online Patta Transfer applications, in compliance with the earlier orders passed by this Court. In the said status report, in respect of the Online Patta Transfer applications, for the period from April, 2021 to August-2021, which do not involve any sub division, it has been stated as follows:
Applications pending as on 31.03.2021 Received during
April-2021 to August 2021 Total Disposed of during
April- 2021 to August – 2021 Pending
as on 01.09.2021
1,50,944 5,29,651 6,80,595 5,74,647 1,05,948

6. From the above tabular column, it is categorically clear that as on 31.03.2021, 1,50,994 applications were pending; during the period from April to August, 2021, 5,29,651 applications were received, in total 6,80,595 applications were pending as on 31.08.2021; of which 5,74,647 applications were disposed of and the remaining 1,05,948 applications were pending as on 01.09.2021.

7. According to the learned Additional Advocate General, in order to comply with the further directions of this Court, the Commissioner of Land Administration has issued certain instructions to all the District Collectors in the State and the Authorities concerned to take action for speedy disposal of the pending applications and also to take disciplinary action as against the officials concerned causing delay in disposing of the applications.

8. In the office circular No.Z1/11348/2020, dated 01.02.2021, issued to the District Collectors, it is stated as follows:
“(i) In respect of files pending before the authorities for transfer of registry in terms of RSO 31, if it is found that the issue is before competent Civil Court, then such files need not be kept pending.
(ii) Instead, the same can be returned with endorsement making copies to all concerned to the effect that the persons succeeding ultimately can make request to the Tahsildar concerned for effecting transfer in the revenue records either as “pouthi transfer” or after making sub-division.
(iii) The Civil proceedings before competent court of law also includes appeal, both first and second appeals in terms of Section 110 of CPC.”
9. In the office circular No.Z1/11348/2020, dated 08.02.2021, issued to the District Collectors, it is stated as follows:
“ (iv) A periodical review meeting shall be conducted by the District Collectors/District Revenue Officers to review the pendency of the Patta Transfer Applications and shall also obtain report from the Tahsildar concerned on the first week of every month with regard to the delay on the part of the officers concerned for disposal of the application for granting patta.” Based on the aforesaid report submitted by the Tahsildar concerned, the District Collector shall initiate disciplinary proceedings against the officer or staff concerned for causing the delay in disposing of the applications if the explanation for causing such delay is not acceptable.”

10. In the office circular No.Z1/11348/2020, dated 01.02.2021, 15.07.2021 and 08.09.2021, issued to the District Collectors, it is stated as follows:
“(v) Further, all the District Collectors concerned and Revenue authorities concerned are hereby instructed to strictly comply with the directions issued by the Hon’ble High Court as well as Circulars and dispose of the applications, within the specified time limit, as specified in the relevant Government Orders.”

11. The Director of Survey and Settlement has filed a status report dated 13.09.2021 and the following particulars are furnished with regard to the pendency of the applications during the period April 2021 to August 2021.
Applications pending as on 31.03.2021 Received during April-2021 to August 2021 Total Disposed of during April -2021 to August -2021 Pending
as on 01-09-2021 Average No. of Surveyors engaged in the work during April- 2021 to August-2021
5,55,016 6,44,250 11,99,266 5,86,048 6,13,218 1500

12. From the above tabular column, it could be seen that as on 31.03.2021, 5,55,016 applications were pending; during the period between April and August, 2021, 6,44,250 applications were received, in total 11,99,266 applications were pending as on 31.08.2021; of which, 5,86,048 applications were disposed of and 6,13,218 applications were pending as on 01.09.2021 and 1500 Surveyors were engaged to carry on such work.

13. Further, the report also discloses the breakup details of the pendency as on 01.09.2021 as follows:
Over one year 2610 applications that were received from 01.09.2021 to 28.02.2021
Over 6 months 1,16,459 applications that were received from 01.09.2021 to 28.02.2021
Over 3 months 1,77,992 applications that were received from 01.03.2021 to 31.05.2021
Within 3 months 3,16,157 application that were received from 01.06.2021 to 31.08.2021
Total 6,13,218

14. From the above, according to the respondents, totally 6,13,218 patta transfer applications, including Online Patta Transfer applications, which involve Sub Divisions, are pending for the period from April 2021 to August 2021.

15. Further, with regard to the issues that affected the disposal of OPT-ISD applications, the Director of Survey and Settlement, has stated as follows:
“1. Most of the Field Staff (Surveyors and others) were deputed to the General Election-2021 of the Tamil Nadu Legislative Assembly during March-21 and April-21.
2. Corona lockdown was imposed by the government in May-2021.
3. Village Administrative Officers could not be engaged in the processing of OPT-ISD applications as the interim stay ordered by the Honourable Madras High Court in W.M.P.No.12723 of 2020 in W.P.No.10465 of 2020 was not vacated.
4. Shortage of manpower continues as orders have not be received from the Government on the proposal for engaging 100 more Licensed Surveyors in the OPT work.”

16. Further, with regard to the steps taken / to be taken for expediting the disposal of the OPT-ISD applications, it is stated as follows:
“1. Instructions have been issued to give priority to process and dispose of all the long pending applications (over one year and 6 months) within one month.
2. If the say is vacated in W.M.P.No.12723 of 2020 in W.P.No.10465 of 2020, Village Administrative Officers will be engaged in the processing of OPT-ISD applications and disposal of the pending applications will be expedited.
3. Upon sanction of funds by the Government, 100 more Licensed Surveyors will be engaged on contract basis in the OPT work.
4. Upon allotment of candidates to the existing vacancies (610) in the post of Field Surveyor, they will be engaged in the OPT work after imparting Survey Training to them for 3 months.

5. Progress of the work is reviewed every month to ensure that applications are disposed of expeditiously and prescribed outturn is achieved by the field staff.”

17. From the aforesaid reports, it could be seen that the respondent Department has taken much efforts to dispose of the applications, based on the directions issued by this Court, but still there are more than 6 lakhs applications pending with them. Therefore, keeping these applications pending for more than 30 days is contrary to the directions issued by this Court as well as the Government.

18. In view of the fact that the respondents have not complied with the orders of this Court and keeping the applications pending for more than 30 days contrary to the Government Orders and the orders passed by this Court, both the Director of Survey and Settlement and the Commissioner of Land Administration are directed to take all efforts to dispose of the pending applications within a period of two weeks in compliance with the order passed by this Court. The District Collectors shall also strictly comply with the Circulars issued by the Commissioner of Land Administration in its letter and spirit without any deviation.

19. Both the Director of Survey and Settlement and the Commissioner of Land Administration shall file their further status reports before this Court on or before 05.10.2021.

20. Post this matter on 06.10.2021 at 2.15 p.m. On that day, the Additional Director of Survey and Settlement shall appear before this Court along with his report.

17.09.2021
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.

mnr / krk

D.KRISHNAKUMAR,J.
mnr / krk

W.P.(MD) Nos.2613, 2448, 3416,18676, 20163, 21569, 25497, 25503 of 2018, 1628, 5920, 22506 of 2019, 6306, 7746, 8373 & 8659 of 2020