Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Ms. Justice P.T. ASHA
Sri Jaya Educational Trust – Appellant
Versus
Revenue Divisional officer Chennai Central Division – Respondent
ORDER :
The Writ Petition is filed for the following relief:
“To direct the 1st respondent to forthwith cancell Patta Nos. nos. 4475 and 440 purportedly issued by the Tahsildhar, Maduravoyal Taluk, Chennai District to (1) V.K.Ramamurthy and his siblings, and to (2) P.T. Balasamy, in respect of the property comprised in Survey Nos 13/1A1, 13/1A2, 13/1B, 13/2 and 13/3 measuring 10 acers situated in Maduravoyal village, Chennai Distirct .”
2. The petitioner has approached this Court for a mandamus directing the 1st respondent to cancel patta Nos.4475 & 440, issued by the 2nd respondent to 4th and 5th respondents, in respect of the property comprised in Survey Nos 13/1A1, 13/1A2, 13/1B, 13/2 and 13/3 measuring 10 acers situated in Maduravoyal village, Chennai Distirct.
Petitioner's case:
3. The petitioner would contend that one Sivakozhudammal and others had filed a suit in O.S.No.203 of 1996, on the file of the Sub Court, Poonamallee, for declaration and permanent injunction against Jayalakshmi Ammal and the 4th respondent in respect of an extent of 20.5 acres in S.No.13/1A1, 13/1A2, 113/1B, 13/2 and 13/3, Maduravoyal village, Chennai. The petitioner is the 8th plaintiff in the said suit.
4
The petitioner failed to exhaust alternate remedies regarding the cancellation of patta, and prior decrees confirming respondents' title and possession were determinative.
Revenue authorities lack jurisdiction to resolve title disputes, directing parties to civil court for adjudication.
The failure to follow mandatory procedures in transferring land titles renders such transfers invalid, preserving the rights of the original pattadar.
The court ruled that reliance on unproven wills is insufficient for claiming property rights, reaffirming the necessity of proper probate procedures.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
