O R D E R

By consent of both the learned counsel appearing for the petitioner as well as respondents 1 and 2, this writ petition is disposed of at the admission stage itself.

2. The petitioner herein seeks a direction to the respondents 1 and 2 to consider his representation dated 23.08.2024.

3. According to the petitioner, the subject property was purchased by the petitioner's mother in the year 1975 and after her death, the petitioner is in possession and enjoyment of the property as her legal heirs. The petitioner also filed a civil suit in O.S.No.93 of 2020 on the file of the Additional District Munsif, Tambaram against the 3rd respondent herein and the same is pending.

4. In the meantime, the patta issued in the name of the petitioner in respect of the subject property was cancelled by the 2nd respondent. Aggrieved by the same, the petitioner filed a revision before the 1st respondent on 31.03.2023 and the same is still pending. The petitioner filed instant representation before the respondents 1 and 2 seeking cancellation of the order passed by the Revenue Divisional Officer and restoration of his name in the revenue records. The same has not been considered by the respondents 1 and 2 till date. Aggrieved by the same, the petitioner is before this Court.

5. It is not in dispute that the order passed by the 2nd respondent cancelling patta issued in the name of the petitioner was challenged by the petitioner before the 1st respondent by way of revision. Earlier, the petitioner filed W.P.No.12499 of 2023 seeking a direction to the Revenue Authorities to dispose the revision pending on the the file of District Revenue Officer, dated 31.03.2023. The said writ petition was disposed of by this Court on

24.04.2023 by making following observation:-

“6. If that is the case, the Revenue proceedings are to be kept in abeyance, till such time the Civil litigation reaches finality and the rights of the parties are crystallised. Therefore, the Revenue Authorities cannot consider grant of patta or its cancellation during the pendency of the Civil litigation between the parties, as they are not empowered to determine the Civil Rights of the parties in respect of the immovable property. Therefore, all the revenue proceedings issued are to be kept in abeyance till such time the civil litigations reach finality and the parties establish their right. Thereafter, either of the party shall submit an application for grant of patta or its cancellation or mutation.

7. The respondents shall make necessary entries in the suit register of the Taluk Office so as to ensure that the revenue records are not acted upon till such time the parties resolve their rights through the Competent Civil Court of Law.”

6. Therefore, it is clear this Court observed that during the pendency of the civil litigation, the Revenue Authorities are not entitled to make changes in the revenue records and after disposal of the suit, the parties at liberty to approach the Revenue Authorities seeking mutation of revenue records in accordance with the order passed by the Civil Court. Even as per the case of the petitioner, the civil suit filed by him in O.S.No.93 of 2020 on the file of the District Munsif Court, Tambaram is still pending. In these circumstances, the petitioner is not entitled to approach the Revenue Authorities seeking mutation of revenue records in view of the order passed by this Court in W.P.No.12499 of 2023, dated 24.04.2023. Hence, this Court is not inclined to issue any direction to the respondents 1 and 2 to consider the representation of the petitioner seeking changes in the revenue records. However, as held by this Court in W.P.No.12499 of 2023, it is open to the petitioner to make necessary application before the Revenue Authorities after culmination of the civil litigation.

7. Accordingly, the Writ Petition stands dismissed. No costs.

20.09.2024 Index : Yes/No Speaking order:Yes/No Neutral Citation:Yes/No dm To

1.The District Revenue Officer, Office of Revenu