The Tahsildar is empowered to make modifications of entry in the Patta Pass Book only under specific circumstances and is required to give reasonable opportunity to the parties concerned to make their representations before passing any order.

1. Challenge in this Writ Petition is to the order dated 22.12.2011, in and by which, the second respondent transferred the patta in favour of one Thangaraj, at the instance of the third respondent herein, cancelling the patta stands in the name of the petitioner.

2. The case of the petitioner is that originally the land in Survey No.42/20 situated in Iluppakudi Group was assigned to one Thangarai in the year 1972 and patta was also issued to him. Subsequently, he sold the said land to one Solaiappan and patta was also transferred in his name. The said Solaiappan sold the said property to one Rajaiah through his power agent Vivekanandan, on 12.09.2002, who in turn, sold the property, having an extent of one acre and 23.70 cents, to the petitioner herein through his power agent Padmanathan, on 17.02.2006 and the remaining extent of 6.30 cents was already sold to one Alagarsamy. After purchase in 2006, the petitioner is in possession and enjoyment of the said property and patta was also transferred in his name in Patta No.2489. While being so, the second respondent passed the impugned order transferring the patta in favour of one Thangaraj and thereby, cancelled the patta issued in the name of the petitioner. Hence, challenging the said order, the Writ Petition has been filed.

3. The learned counsel appearing for the petitioner submits that without issuing notice and without conducting any enquiry, the second respondent passed the impugned order and the same violates the principles of natural justice. Therefore, the petitioner would pray for setting aside the impugned order.

4. The learned counsel appearing for the third respondent submits that there is an alternative remedy available for the petitioner. So, the Writ Petition cannot be maintained.

5. I have considered the above submissions and perused the records carefully.

6. For better appreciation, it would be worthwhile to extract the relevant provisions of the Tamil Nadu Patta Pass Book Act, 1983, which reads as follows:-

“10. Modification of entries in the patta pass-book.- (1) Where any person claims that any modification is required in respect of any entry in the patta pass-book already issued under section 3 either by reason of the death of any person or by reason of the transfer of interest in the land or by reason of any other subsequent change in circumstances, he shall make an application to the Tahsildar for the modification of the relevant entries in the patta pass-book. (2) An application under sub-section (1) shall contain such particulars as may be prescribed and shall be accompanied by the documents, if any, relied on by the applicant as evidence in support of his claim. (3) (a) Before passing an order on an application under sub-section (1), the Tahsildar shall follow such procedure as may be prescribed and shall also give a reasonable opportunity to the parties concerned to make their representations either orally or in writing. If the Tahsildar decides that any modification should be made in respect of entries in the patta pass-book, he shall pass an order accordingly and shall make such consequential changes in the patta passbook, as appear to him to be necessary, for giving effect to his order.

(b) If the Tahsildar decides that there is no case for effecting any modification in the entries in the patta pass-book, he shall reject the application.

(c) An order under clause (a) or clause (b) shall contain the reason for such order and shall be communicated to the parties concerned in such manner as may be prescribed.

12. Appeal.- Any person aggrieved by an order made by the Tahsildar under this Act may, within such period as may be prescribed, appeal to such authority as may be prescribed and the decision of such authority on such appeal shall subject to the provisions of section 13, be final.

"13. Revision.-Any officer of the Revenue Department not below the rank of District Revenue Officer authorised by the Government, by notification in this beh