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R. SUBRAMANIAN, R. SAKTHIVEL
Lakshmipathi Brick Works, A Registered Partnership Firm, Rep. by one of its Partners P. Srinivasan – Appellant
Versus
Collector, Office of the Collector Chennai District, Chennai – Respondent
JUDGMENT :
R. Subramanian, J.
[PRAYER: Writ Appeal filed under Clause 15 of the Letter Patent against the order dated 11.09.2023 made in W.P.No.11566 of 2023.]
Challenge in the writ petition was to an attempted enquiry that was to be held by the Revenue Divisional Officer.
2. The main objection of the petitioner in the Writ Court was that the Revenue Divisional Officer, being an Appellate Authority under The Tamil Nadu Patta Pass Book Act, 1983, cannot conduct an enquiry. This objection was accepted by the Hon'ble Single Judge and the Hon'ble Single Judge directed the Tahsildar to conduct an enquiry.
3. Mr. A. Palaniappan, learned counsel appearing for the appellant would submit that pending Writ Appeal, the third respondent - Tahsildar passed an order going into the title, which according to the learned counsel is beyond his jurisdiction. It is the grievance of the learned counsel that the Tahsildar has gone into the title and has pronounced upon it, which he is not entitled to do.
4. There are other remedies available to the appellant under The Tamil Nadu Patta Pass Book Act, 1983 itself and there is a better remedy available to the appellant in the form of a suit in a Civil Court whic
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....
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....
The Sub-Collector, as a Revenue Authority, has the power to conduct an enquiry within his jurisdiction upon receiving a complaint, and the supervisory powers of higher authorities allow for conductin....
Revenue authorities lack jurisdiction to resolve civil disputes over land ownership; such matters must be settled in civil courts first.
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