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2013 Supreme(Mad) 821

S.MANIKUMAR
J. R. Sivagnanam – Appellant
Versus
District Collector, Office of Collector, Tiruvallur District – Respondent


Advocates Appeared:
For the Petitioners:A.M. Krishnamoorthy, Advocate.

JUDGMENT

1. The civil revision petition is directed against an order rejecting the plaint, on the ground that there is a bar under section 14 of the Patta Pass-Book Act, 1983, to institute a suit. Section 14 of the said Act is extracted hereunder:

"14. Bar of suits:-No suit shall lie against the Government or any officer of the Government in respect of a claim to have an entry made in any patta pass-book that is maintained under this Act or to have any such entry omitted or amended:

Provided that if any person is aggrieved as to any right of which he is in possession, by an entry made in the patta pass-book under this Act, he may institute a suit against any person denying or interest to deny his title to such right, for a declaration of his rights under Chapter VI of the Specific Relief Act, 1963 (Central Act 47 of 1963); and the entry in the patta pass-book shall be amended in accordance with any such declaration."

2. It is the contention of Mr. A.M. Krishnamoorthy, learned counsel for the revision petitioner, that only a Civil Court has jurisdiction to decide the issue regarding grant of patta and in this context, placed reliance on a recent decision of this court in M/s. GMMCO L




















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