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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
P.B. Balaji, J
N. Devadoss – Appellant
Versus
District Collector Sivagangai District, Sivagangai – Respondent
ORDER :
(P.B. BALAJI, J.)
This Writ petition has been filed challenging the order of the third respondent in Pa.Mu.A1/8955/2023 and to consequently direct the respondents 1 to 4 herein to mutate the patta, in line with the judgment and decree of the Sub Court, Devakkottai, in A.S.No.58 of 1968 dated 24.12.1969, which subsequently came to be confirmed by this Court in S.A.No.725 of 1970 dated 08.09.1972.
2. I have heard Mr.S.Manikandan, learned counsel appearing for the petitioner, Mr.S.Kameswaran, learned Government Advocate for the respondents 1 to 4 and Mr.C.Sundaravadivel, learned counsel for the fifth respondent.
3. The case of the petitioner is that the property comprised in S.No.55/1, measuring 1.91 Acre in Amaravathipudur Village, Karaikudi Taluk, Sivagangai District, besides other properties belonged to his father, Late.Nachiappan Ambalam, vide registered sale deeds dated 13.11.1951 and 28.10.1953, registered as document Nos.2878/1951 and 276/1953 respectively and from the date of purchase, he was in possession and enjoyment of the property. While so, the said property in S.No.55/1 was mutated wrongly including the name of one Chinna Rakkappan Ambalam as a joint owner. Challeng
Finality of court judgments must be respected, and subsequent claims cannot disrupt established property rights confirmed by earlier judicial decisions.
Revenue authorities lack jurisdiction to resolve title disputes, directing parties to civil court for adjudication.
Revenue authorities lack jurisdiction to resolve title disputes and must refer such matters to civil courts for adjudication.
The court emphasized that revenue authorities must not alter land records without clear evidence of title, especially when prior claims have been dismissed.
The issuance of mutation of patta can proceed during pendency of civil suits, conditional upon the suit's outcome.
Respect for the Civil Court's decree and the obligation of the Revenue Authorities to implement the judgment.
Writ court directs appeal to revenue authority for enquiry into fraudulent patta mutation before cancellation.
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