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S. M. SUBRAMANIAM, C. KUMARAPPAN
P. Deekaram (Deceased) – Appellant
Versus
R. Jeyachandran – Respondent
JUDGMENT :
(S.M. Subramaniam, J.) :
The present Intra Court Appeals have been instituted challenging the common writ order dated 20.11.2019 passed in WP Nos.13302 and 13303 of 2015.
2. The fifth respondent in the writ petitions and his legal heir, are the appellants before us.
3. The writ petitions are instituted challenging the patta granted in favour of the respondents 5 and 6 by the Revenue Divisional Officer. Further direction is sought for to delete the name of the fifth respondent from the Town Survey Field Survey Register of Adambakkam Village pertaining to Survey Nos.71/1 and 71/3 corresponding to TS No.184/31.
4. Admittedly, the disputes between the appellants and the contesting respondents, are of civil nature. Applications were submitted under the provisions of Patta Pass Book Act, 1983 for grant of patta. Since patta has been granted in favour of the appellants, the respondents have instituted proceedings challenging the patta by way of writ petitions.
5. Mr.V.Ragavachari, learned Senior Counsel appearing on behalf of the appellants, would submit that an Appeal Suit was filed in AS No.83 of 2009. A fraudulent Lok Adalat Award has been obtained by coercion and actions are take
The issuance of a Patta under the Tamil Nadu Patta Passbook Act requires clear ownership without disputes; otherwise, parties must seek resolution in civil court first.
Revenue Authorities cannot decide on the grant of patta, cancellation of patta, or mutation of revenue records during the existence of civil litigation between the parties.
The Revenue Divisional Officer lacks jurisdiction to conduct enquiries under The Tamil Nadu Patta Pass Book Act, 1983, and litigants should seek remedies through the appropriate legal channels rather....
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.
The Civil Court can adjudicate title disputes even when linked to administrative orders under the Patta Passbook Act, and amendments pertinent to such disputes can be permitted without restriction.
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