Revenue authorities cannot adjudicate title disputes and must direct parties to seek relief in civil court.

ORDER :

(P.B. BALAJI, J.)

The present writ petition has been filed seeking to quash the order of the first respondent Ni.Mu.K2/UDR.08/2023 (7447/2024) dated 27.12.2024.

2. I have heard Mr.H.Arumugam, learned counsel for the petitioners, Mr.B.Saravanan, learned Additional Government Pleader for the respondents 1 to 3 and Mr.S.M.Ramasiva, learned counsel for the fourth respondent.

3. The case of the petitioners is that the petitioners are successors in title of Seeni Kone, through his son Kadal Konar. According to the petitioners, the lands of an extent of 4.76 Acres covered by patta No.72, comprised in old S.No.40/7, was issued in the name of Seeni Kone and Muthukrishnan. Subsequently, patta passbook was also issued in their names in respect of survey No.58/5, previously S.No.40/7 in patta Nos. 29 and 111, dated 13.08.1973. It is the further case of the petitioners that the properties were partitioned amongst the legal heirs of Vellaiah Kone and Seeni Kone and Subbu Kone and in and by the said partition, the lands measuring 4.76 Acres S.No.58/5 stood allotted to the petitioner's family and patta was also issued in the name of the petitioners.

4. While so, the fourth respondent sought for patta to be issued based on the sale deeds dated 08.02.1994 and 05.06.1995 and 16.06.1995 in his favour claiming right to an undivided 1.19 Acres for the very same Survey No.58/5. According to the fourth respondent, the said property was purchased by him from Vellaichamy and having become entitled to 3/4^th right, he sought for issuance of joint patta. The Tahsildar as well as the Revenue Divisional Officer rejected the claim of the fourth respondent. However, the first respondent, vide the impugned order, placing reliance on the encumbrance reflecting the sale deed in favour of the fourth respondent, directed his name also to be included in the patta. The said order of the first respondent is under challenge in the present writ petition.

5. Mr.H.Arumugam, learned counsel for the petitioners would contend that when the fourth respondent's application was to the effect that his name was omitted during UDR survey, the first respondent being the competent authority only for rectifying mistakes committed in the UDR, could not have assumed jurisdiction to include the name of the fourth respondent, when admittedly the fourth respondent was not able to establish that his name was reflecting in the revenue records in the UDR. According to Mr.H.Arumugam, when the request for patta was only based on sale deeds in the name of the fourth respondent, it could have never be treated as a case of mistake in UDR, for the first respondent to assume jurisdiction. He would therefore contend that the first respondent ought to have referred the fourth respondent to approach the competent civil Court to redress his grievance, if any.

6. The learned counsel for the petitioners would further rely on the decision of the Hon'ble Supreme Court in the case of Edelweiss Asset Construction Company Limited V. R.Perumalswamy and others reported in 2021-11-SCC-98 where the Hon'ble Supreme Court held that the revenue authorities cannot go into the disputed questions of title. For similar proposition, the learned counsel would also place reliance on the decision of the Hon'ble Division Bench of this Court reported in 2014(59)R.C.R.(Civil) 244 ( M.Subramanian V. V.K.R. Subramania Athithan ) where in the Hon'ble Division Bench of this Court, placing reliance on the earlier Division Bench decision of this Court reported in 2011(5)CTC 94 (Viswas Footwear Company Ltd., V. The District Collector, Kancheepuram), held that even the second revision powers conferred on the Special Commissioner and Commissioner of Land Administration, shall ensure that such revisions are returned with a direction to parties to approach the civil Court. The Hon'ble Division Bench further held that when the appellant therein started to claim title after 20 years, the revenue authorities ought to have relegated th