Revenue authorities lack jurisdiction to adjudicate title disputes and must refer such matters to civil courts.

ORDER :

1. The petitioner challenges the order of the first respondent in Na.Ka.Aa6/20942/2015 dated 10.08.2016, confirming the order passed by the second respondent in Mu.Mu.A7-2075-2014 dated 22.07.2015.

2. I have heard Mrs.AL.Gandhimathi, learned Senior Counsel for the petitioner, Mr.M.Lingadurai, learned Special Government Pleader for the respondents 1 & 3 and Mr.A.Saravanan, learned counsel for the third respondent. I have also gone through the records.

3. The learned Senior Counsel appearing for the petitioner Mrs.AL.Gandhimathi, would submit that the land comprised in Survey No.149, Sooriyur Village, which had been classified as “Government Poramboke” in 1983, was assigned to six persons, namely, Varadarajan, Paramasivam, S/o.Ramasamy, Pappu, Ponnusamy, Kandasamy and Paramasivam S/o.Periyasamy. It is further contended that the patta was also issued in the names of the assignees, each of them being entitled to 3 Acres in the total extent of 18 Acres. The writ petitioner, on 06.07.1987 and on 07.07.1987 had power of attorney executed for consideration from the six assignees and also purchased properties, in Survey No.149/6 under registered sale deed in document No.6208/1987. Patta was issued by the Tahsildar, Trichy, on 03.09.1989 in the name Salaudeen, in respect of Survey No.149/1 to 149/10, based on the said Salaudeen's application dated 01.08.1989. Aggrieved by the said issuance of patta, the writ petitioner and other interested parties preferred an Appeal before the Revenue Divisional Officer, Trichy, challenging the order of the Tahsildar and the order of the Tahsildar dated 03.09.1989 was set aside by the Revenue Divisional Officer, Trichy on 26.12.1989 and the matter was remitted to the Tahsildar for fresh consideration. On enquiry, after remand, the Deputy Tahsildar, Trichy by proceedings, dated 30.01.2015, directed the petitioner's name to be mutated in the patta.

4. Against the order of the Deputy Tahsildar, the third respondent had preferred an appeal before the second respondent. The second respondent, by proceedings dated 22.07.2015 allowed the appeal. Aggrieved by the order of the second respondent, the petitioner filed a revision before the District Revenue Officer and on 10.08.2016, the District Revenue Officer has also dismissed the revision. As against which, the present writ petition has been filed.

5. The learned Senior Counsel for the petitioner would submit that the authorities have not understood the claim of the petitioner in a proper prospective and the third respondent has mislead the authority, by placing reliance on the irrelevant documents. The learned Senior Counsel would further submit the petitioner never claimed any right under document No.2272/1986 dated 26.05.2015, but only under document 6208/1987. She would further contend that even the sale deed on which the reliance is placed on by the third respondent before the respondents was totally irrelevant to the subject matter in dispute, not only with regard to survey number, but also regarding the parties to the lis.

6. The learned Senior Counsel for the petitioner would invite my attention to the original pattas issued to the assignees way back in the year 1974 from whom the petitioner traces title. The learned Senior Counsel would therefore submit that even in the civil proceedings, the competent civil Court found that the said Salaudeen, had no right in the property and the C.M.A.No.39 of 1990 came to be disposed of and against the said Salaudeen. She would therefore pray for the orders impugned being set aside and the writ petition being allowed.

7. The learned counsel for the third respondent would submit that there is absolutely no infirmity in the order of the respondents and rightly, after conducting enquiry and giving opportunity to the parties, the third respondent directed patta to be issued vide the proceedings dated 13.01.2015, after cancelling the patta issued to the petitioner.

8. I have carefully considered the submissions advance