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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
P.B. BALAJI, J
Solairaja.k – Appellant
Versus
District Collector Madurai District, Madurai – Respondent
ORDER :
The petitioner challenges the order of the third respondent dated 02.08.2023 in Ni.Mu.No.546/2023/2023.
2. I have heard Mr.P.Rajagopalan, learned counsel for the petitioner, Mr.S.Kameswaran, learned Government Advocate for the respondents 1 to 4 and Mr.R.r.Kannan, learned counsel for the fifth respondent.
3. The case of the writ petitioner is that the land in old bymas No. 355 and survey No.218/14 measuring 63 cents in Thanakankulam Village, Thiruparankundram, Madurai District, belonged to one Periya Karuppana Konar and after his demise the same devolved upon his wife, viz., Nagammal and his sons, viz., P.Gopal and P.Velu. The petitioner's father, viz., S.Kannan purchased the said land in survey No.218/14 by a registered sale deed in document No.2007/1966 on 24.03.1966, for lawful and valuable sale consideration. The then Assistant Settlement Officer, conducted an enquiry and also issued patta in the name of the petitioner's father on 23.04.1973. The petitioner claims that his family was in peaceful possession and enjoyment of the said property for the past five decades. The petitioner's mother died on 27.07.1998 and his father died on 08.05.2010, leaving behind the petitioner
The court emphasized that the existence of an alternate remedy under the Patta Passbook Act does not bar the exercise of discretion under Article 226 unless an exceptional case is established.
Revenue authorities may not adjudicate on civil title disputes under A.P. Rights in Land and Pattadar Pass Books Act; parties should approach civil court for resolution.
Revenue authorities lack jurisdiction to resolve title disputes, directing parties to civil court for adjudication.
The court emphasized adherence to procedural requirements under the Patta Passbook Act, particularly the need for notice and opportunity for all parties before modifying patta entries.
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.
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