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S. M. SUBRAMANIAM, C. KUMARAPPAN
K. R. Mani – Appellant
Versus
District Revenue Officer, Salem – Respondent
JUDGMENT :
S.M. Subramaniam, J.
[PRAYER: Writ Appeal filed under Clause 15 of Letters Patent to set aside the order passed in W.P.No.14287 of 2020 dated 23.04.2021.]
The writ appeal has been instituted against the order dated 23.04.2021 passed in W.P.No.14287 of 2020.
2. The writ petitioner is the appellant before us. The proceedings canceling the Patta stood in the name of the appellant was under challenge before the writ court. The writ court held that after the disposal of the civil suit, the parties may submit appropriate application for issuance of Patta or cancellation of Patta.
3. Section 3 (1) of the Tami Nadu Patta Passbook act, 1983, stipulates that "The Tahsildar shall issue a patta pass book to every owner in respect of land owned by him, on an application made by him, on an application made by him in this behalf."
4. Therefore, any person submitting an application for issuance of Patta must be the owner of the property. In the event of no dispute regarding ownership or title, then alone the Tahsildar is empowered to entertain an application and conduct an enquiry and grant Patta. In the event of any dispute regarding title or ownership, the parties are to be relegated to app
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.
During the pendency of a civil suit involving civil rights, an application under the provisions of the Tamil Nadu Patta Passbook Act, 1983 is not entertainable. Parties must establish their civil rig....
Revenue authorities lack jurisdiction to resolve civil disputes over land ownership; such matters must be settled in civil courts first.
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....
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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