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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
P.B. Balaji, J
Nithyakalyani @ Kalyani – Appellant
Versus
District Revenue Officer, Madurai Division, Madurai – Respondent
ORDER :
1. The petitioner challenges the order of the first respondent, viz., District Revenue Officer, Madurai, dated 03.12.2020.
2. I have heard Mr. P. Balamurugan, learned counsel for the petitioner, Mr.C.Satheesh, learned Government Advocate for the first respondent and Mr. V.R. Shanmuganathan, learned counsel for the respondents 2 and 3. I have also gone through the records.
3. The case of the petitioner is that the subject property was standing in the name of the petitioner's father, viz., Veyelumuthu Yogeswarar even from the year 1946 pursuant to the order passed by the then Collector Madurai, in Ni.Mu.No.13087/46 on 30.01.1946. The revenue records including patta, chitta, Adangal have always been in the name of the petitioner's father up to 2006. According to the petitioner on 01.09.2006, the petitioner's father settled the property in the petitioner's favour by document No.6994/2006, and thereafter, the petitioner has mutated revenue records in her name and has been in enjoyment of the subject property. However, the respondents 2 and 3 temple have projected a version as if patta was mutated in the name of the petitioner only in T.R dated 15.10.2018 by the Madurai West Tahsild
Revenue authorities cannot adjudicate title disputes; they assess claims based on prima facie evidence. The petitioner failed to substantiate her claim, leading to the dismissal of her petition.
Revenue authorities lack jurisdiction to resolve title disputes, directing parties to civil court for adjudication.
Revenue authorities cannot adjudicate on matters of title and possession, which are reserved for civil courts, and must respect prior civil court findings.
The court emphasized that revenue authorities must not alter land records without clear evidence of title, especially when prior claims have been dismissed.
Revenue authorities lack jurisdiction to determine ownership disputes or the validity of registered documents, which must be resolved in civil court.
The District Collector lacks jurisdiction to negate the title granted by the Inam Abolition Tribunal, reaffirming the finality of the Settlement Tahsildar's order.
Revenue authorities lack jurisdiction to resolve title disputes and must refer such matters to civil courts for adjudication.
The observation made by an administrative authority should not influence the rights of the parties before the Civil Court.
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.
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