G.O. (Ms) No. 409, Transfer of Registry Second Revision, 2008
The Tamil Nadu Government Revenue SS I (2) Department issued G.O. (Ms) No. 409 dated 2 July 2008, amending R.S.O. 31.8(A) to withdraw the second revision power of the Special Commissioner and Commissioner of Land Administration in transfer of registry cases. Ongoing enquiries where hearings had commenced could continue, while pending cases where enquiries had not commenced were to be returned so that the petitioners could approach the appropriate Civil Courts.
What the government order changes
The Tamil Nadu Government Revenue SS I (2) Department issued G.O. (Ms) No. 409 dated 2 July 2008 to change the review process for transfer of registry cases. It accepts an amendment to R.S.O. 31.8(A) that removes the provision allowing a further revision before the Commissioner of Land Administration against orders passed by District Revenue Officers.
The deleted provision had allowed a further revision to the Commissioner of Land Administration within 30 days from receipt of the order and stated that the Commissioner's decision was final.
Why the change was made
The Special Commissioner and Commissioner of Land Administration proposed withdrawing the second revision power and referring relevant disputes to the Civil Courts. The proposal relied on a judgment of the High Court, Chennai, which stated that revenue forums do not have jurisdiction to decide rights or title to land in the relevant transfer cases and that such questions are for the Civil Court.
The document also records practical concerns. Numerous appeals could prolong disputes, while the Special Commissioner and Commissioner of Land Administration was dealing with many land matters from across the State.
Treatment of pending cases
G.O. (Ms) No. 409 dated 2 July 2008 gives different directions depending on whether an enquiry had started:
- Ongoing enquiries where hearings had commenced could be carried through to their logical conclusion and orders could be issued.
- Cases where enquiries had not commenced were to be returned to the petitioners, with the intended course being to seek a remedy before the appropriate Civil Courts.
- The Special Commissioner and Commissioner of Land Administration would no longer exercise the removed second revision power for transfer of registry cases under the amended provision.
Who may be affected
The change affects people who sought, or planned to seek, a second revision before the Special Commissioner and Commissioner of Land Administration after a District Revenue Officer's order in a transfer of registry case. It is particularly relevant where the dispute requires a decision about ownership rights or title to land, because the document identifies the Civil Courts as the appropriate forum for those questions.
This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.
Common questions
Can I file a second revision with the Commissioner of Land Administration in a transfer of registry case?
G.O. (Ms) No. 409 dated 2 July 2008 withdraws the provision for a further revision to the Commissioner of Land Administration against a District Revenue Officer's order in a transfer of registry case.
What happens if my second revision hearing had already started?
The Special Commissioner and Commissioner of Land Administration was directed to continue ongoing enquiries where hearings had commenced, bring them to their logical conclusion and issue orders.
What happens to a pending revision where no enquiry had started?
Cases where enquiries had not commenced were to be returned to the petitioners so that they could seek a remedy before the appropriate Civil Courts.
Which forum decides disputes about land rights or title?
The document cites a High Court judgment stating that revenue forums cannot decide rights or title to land in the relevant transfer cases and that those questions must be decided by the Civil Court.
