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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R. SUBRAMANIAN, R. SAKTHIVEL, JJ.
M/s. Lakshmipathi Brick Works, A Registered Partnership Firm, Rep. by one of its Partners P. Srinivasan - Appellant
Versus
The Collector, Office of the Collector Chennai District, Chennai & Ors. - Respondents
W.A. No. 24 of 2024 and CMP No. 167 of 2024
Decided On : 13-06-2024
JURISDICTION - REVENUE DIVISIONAL OFFICER - The court held that the Revenue Divisional Officer, as an Appellate Authority under The Tamil Nadu Patta Pass Book Act, 1983, lacks the jurisdiction to conduct an enquiry, affirming the need for the Tahsildar to handle such matters. The court emphasized the availability of alternative remedies under the Act and the Specific Relief Act, reinforcing the principle that litigants should utilize appropriate legal avenues rather than seeking broader jurisdiction under Article 226 of the Constitution.
Fact of the Case:
The petitioner challenged an attempted enquiry by the Revenue Divisional Officer, arguing that the officer, as an Appellate Authority under The Tamil Nadu Patta Pass Book Act, 1983, could not conduct such an enquiry.
Finding of the Court:
The court accepted the petitioner's objection, directing that the enquiry should be conducted by the Tahsildar instead. However, it noted that the Tahsildar's subsequent order regarding title was beyond his jurisdiction.
Issues: Whether the Revenue Divisional Officer has the authority to conduct an enquiry under The Tamil Nadu Patta Pass Book Act, 1983, and whether the Tahsildar exceeded his jurisdiction in addressing title issues.
Ratio Decidendi: The court established that the Revenue Divisional Officer cannot conduct an enquiry as an Appellate Authority under the Act, and that the Tahsildar's role is limited. It highlighted the importance of utilizing the proper legal remedies available under the Act and the Specific Relief Act.
Result: The Writ Appeal was dismissed, allowing the appellant to pursue appropriate legal proceedings to challenge the Tahsildar's order.
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 which is now situate in almost every Taluk of the State. Further, proviso to Section 14 of The Tamil Nadu Patta Pass Book Act, 1983, also enables a person aggrieved to file a Suit under the Specific Relief Act, 1963.
5. We fail to comprehend the hesitation on the part of the litigants to approach the Civil Court and seek to widen the jurisdiction under Article 226 of the Constitution of India. We do not propose to lend a helping hand to such a litigant. Hence, the Writ Appeal fails and it is dismissed, leaving it open to the appellant to take appropriate proceedings to challenge the order of the Tahsildar. No costs. Consequently, connected Civil Miscellaneous Petition is closed.
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