Patta does not grant title, and ownership and possession disputes should be resolved through the Civil Court.

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of certiorarified mandamus to call for the records relating to the impugned order made in Na.Ka.No.31927-2012-01 dated 10/1/2013 passed by the first respondent, quash the same and consequently direct the respondents 2 and 3 to restore the original position in the Revenue records until the final partition between the sharers in the manner known to law.)

1. Petitioner claims that he is the owner of 1/6th share, measuring 73 cents, out of 4.41 acres, in S.F.No.32/1, and also the owner of 1/6th share, measuring 57 cents out of 3.46 acres, in S.F.No.32/2 of Vataparappu Village. Petitioner states that he has been in actual possession and enjoyment of the properties without any final partition among the other sharers. Father of the fourth respondent, viz., Late Karuppanna Gounder, had purchased an extent of common 1/3 share each, in SR.No.32/1 and SR.No.32/2, under a sale deed, dated 27/1/1970. Accordingly, he was in possession of the said common 1/3 share, thereafter, his son the fourth respondent continued to be in possession and enjoyment of the same. The petitioner states that, While so, the fourth respondent and his father have collusively created a partition deed, dated 16/11/2004, registered as Document No.4242 of 2004, where under, they have purposely included a larger extent of 4.29 acres, in S.No.32/1B, even though they had purchased only undivided extent of 2.62 acres, out of the total extent of 7.87 acres, in S.F.Nos.32/1 and 32/2.

2. According to the petitioner, even though fourth respondent’s father had purchased common 1/3 share, in the total extent of 4.41 acres, in S.F.No.32/1 and common 1/3 share, in the total extent of 3.46 acres, in S.F.No.32/2, he has included a larger extent of 4.41 acres, in S.F.No.32/1B, which is over and above an extent of 1/3 share purchased, under the sale deed, dated 27/1/1970. It is stated that fourth respondent has fraudulently obtained patta for a larger extent of the lands inclusive a portion in the common enjoyment in S.F.No.32/1B.

3. On coming to know of the grant of patta, in the name of the fourth respondent, the petitioner filed a petition, dated 30/5/2012, before the Revenue Divisional Officer, Tiruchengode, Namakkal District, challenging the grant of patta, by the Tahsildar, Tiruchengode Taluk, Namakkal District, fourth respondent. Revenue Divisional Officer, Tiruchengode, Namakkal District, issued notice to the fourth respondent, conducted an enquiry and passed an order, dated 19/11/2012, made in Mu.Mu.No.2967/2012-U, whereby the order passed by the Tahsildar, Tiruchengode Taluk, Namakkal District, granting patta transfer order No.4068/611/2004 – 2005, dated 18/11/2004, has been set aside.

4. Against the order, dated 19/11/2012, fourth respondent, filed a revision petition before the District Revenue Officer and the District Revenue Officer, by the impugned order, dated 10/1/2013, set aside the order passed by the District Revenue Officer, restoring the patta issued, in the name of the fourth respondent. Order of the District Revenue Officer has been challenged in the instant writ petition.

5. Petitioner states that he has been in possession of 1/6 share of land in two survey numbers, mentioned above and the fourth respondent and his father could have been only in 2.6 acres and that they ought not to have granted patta for 4.41 acres. According to the petitioner, patta has been obtained fraudulently, whereby they have got patta for 4.41 acres instead of 2.62 acres in the aforesaid survey numbers.

6. Mr.S.Mukunth, learned counsel for the fourth respondent would contended that there has been earlier proceedings between the father of the 4th respondent and other members of family regarding grant of patta. Proceedings of the Deputy Tahsildar No.2, Tiruchengode Zone, dated 18/11/2004, passed the following order.

“Reconsidering the report of the Revenue Inspector, Mousi, sec