The Madurai Bench of the Madras High Court has directed the Tamil Nadu government to frame clear guidelines to safeguard government-owned land in civil litigation, observing that officials often fail to act in time to protect public property.
The order arose from a civil revision petition challenging an ex parte decree passed in 2001 by the Ramanathapuram subordinate court in a dispute involving government “natham poramboke” land in the Rameswaram area.
Justice N. Senthilkumar noted that while action had been ordered against the Tahsildar in connection with the case, no action was initiated against the Collector, who was also a party in the lower court proceedings. The court also pointed out that the government had not filed an appeal, indicating a lack of seriousness in defending valuable public assets.
The court directed the Principal Secretary, Revenue and Disaster Management Department, to initiate disciplinary proceedings against the Collector concerned and to issue guidance to government advocates and revenue officials on protecting government land and conducting litigation. The guidelines should spell out officials’ duties in civil cases against the government, including steps when officers are impleaded, timelines for filing written statements, applications to set aside ex parte orders, appeals, and petitions to condone delay.
The court asked the government to consider setting up a legal wing in every taluk, monitored by the Collector and district revenue officers, under the leadership of the RDO to periodically review all civil cases involving the government and ensure timely action. The government was directed to issue orders within six months, and the Additional Chief Secretary (Revenue) was asked to file a report within four months on cases involving ex parte orders and steps taken to set them aside within the Bench’s jurisdiction.
