Revenue authorities are incompetent to make findings in respect of title or ownership in a civil dispute and should relegate parties to approach the competent civil court for resolution.

JUDGMENT

(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue Writ of Certiorarified Mandamus, calling for the records relating to Na.Ka.No.B2/9227/15 dated 20.03.2017 on the file of the Second Respondent, District Revenue Officer, Villupuram reverting the order of the third respondent namely Revenue Divisional Officer vide Ref.Pa.Mu.No.A3/1973/2014 dated 24.04.2015 to quash the same and direct the respondents 2 to 4 to delete the names of Elumalai son of Kali, Renu Gounder son of Irusappa Gounder, Natesa Gounder in respect of 4.37 acres comprised in Old S.No.450, New Survey No.8 situated at Uppuvellore Village, Vanur Taluk, Villupuram District.)

1. The order passed by the District Revenue Officer, Villupuram in Proceedings dated 20.03.2017 is under challenge in the present writ petition.

2. The order impugned confirms the patta transfer made in favour of the 5th respondent. The learned counsel for the petitioner states that the District Revenue Officer has exceeded his powers and adjudicated the disputed issues of civil nature and therefore, the order is liable to be set aside.

3. The learned counsel for the 5th respondent raised an objection by stating that the order was passed based on the documents furnished by the 5th respondent and there is no infirmity.

4. The learned Government Advocate relying on the Counter-Affidavit filed by the Tahsildar, made a submission that the petitioner has filed the writ petition without any valid grounds.

5. High Court cannot decide the title in a writ jurisdiction and therefore, the parties have to approach the competent civil court of law for the purpose of establishing their civil rights. On an earlier occasion, the Revenue Divisional Officer and the District Revenue Officer in their orders have been stated to approach the competent civil court to decide the issued between the parties.

6. Perusal of the order reveals that the District Revenue Officer, Villupuram entered into an adjudication of disputed issues of civil nature between the parties, which is not desirable. Revenue authorities are incompetent to make any findings in respect of the title or ownership. Only in the event of undisputed title or ownership, patta is to be granted by following the procedures as contemplated under the provisions of the Tamil Nadu Patta Passbook Act. In the event of any dispute between the parties, the revenue authorities are bound to relegate the parties to approach the competent civil court for resolving their issues.

7. During the process of adjudication, no doubt, the revenue authorities are empowered to verify the documents produced by the parties, however, they should exercise restrained in making any finding regarding the title or ownership regarding the properties. In the event of no dispute, they are empowered to grant patta, cancellation of patta or otherwise. This being the fact established, the parties have to resolve the issues by approaching the competent civil court of law.

8. In view of the facts and circumstances, all the revenue proceedings in force, including the order impugned passed by the District Revenue Officer in proceedings dated 24.04.2015 are kept in abeyance till such time the parties resolve the civil dispute through the competent civil court of law. After disposal of the civil litigation, either of the party is at liberty to approach the revenue authorities for making necessary entries or changes in the revenue records by following the procedures as contemplated under the provisions of the Tamil Nadu Patta Passbook Act or the statute concerned.

9. Accordingly, the writ petition stands disposed of. Consequently, the connected miscellaneous petition is closed. No costs.