ORDER

The present Writ Petition has been filed challenging the impugned order passed by the first respondent granting patta in respect of Survey Nos. 288/27, 288/28 and 288/29 in Venkalakurichi Village, Mudukulathur Taluk, Ramanathapuram District.

2. In view of the Rule 4 (4) of the Tamil Nadu Patta Pass Book Act, 1983, when the revenue authorities come across the dispute of title as regards the property, for which, patta has been granted, it is incumbent on them to refer the parties to the civil Court and they cannot proceed to adjudicate the dispute and decide, who is entitled for patta. For better appreciation, the said Rule is extracted hereunder:

4 (4). In the event of the Tahsildar being satisfied that a dispute concerning ownership of patta is already pending in a Court or issues are raised before him which impinge on personal laws or laws of succession and all the parties interested do not agree on the ownership in writing, he shall direct the concerned parties to obtain a ruling on ownership from a competent Civil Court having jurisdiction before changing the entries as already recorded and existing in the various revenue records.

3. This Rule has been reiterated by the Honourable Apex Court in the judgment reported in 2021 (11) SCC 98 (Edelweiss Asset Constructions Company Limited Vs- R.Perumalswamy and others) in which it has been held as follows:

“18. The Tamil Nadu Patta Pass Book Rules, 1987 provide for the procedure to be adopted to deal with enquiries with respect to the entries made in the Patta Pass Book. Rule 4 provides for the procedure on recipient of an application or information with respect to an entry in the Patta Pass Book. The relevant portion of Rule Provides thus:

“4. Procedure on receipt of application or information -

(1) On receipt of the application or information, the Tahsildar shall make an entry in the “Register of Applications Received”in the order of receipt in Form III. The Register shall be maintained village – wise.

(2) On the basis of the information furnished in the application and as available in the existing land records or obtained otherwise, the Tahsildar shall cause to be served or despatched, under certificate of posting, to the persons having interest on the land a notice in Form IV calling upon them to make representation either orally, or in writing at a specified place on a specified date which shall be not less than fifteen days and forty days later than the date of receipt of the application or information.

(3) On the prescribed date, the Tahsildar shall conduct a summary enquiry. At the enquiry, on consideration of age, literacy and occupation, the Tahsildar may permit an authorised agent of the owner to appear on his behalf to supplement whatever the owner has to state orally or in writing. No legal practitioner in his professional capacity shall be allowed to represent any party at such an enquiry. There shall not be adjournment of the enquiry not more than twice and that adjournment shall be granted only on application made by the parties requesting for adjournment. Reasons for granting or refusing the adjournment shall be recorded by the Tahsildar in writing.

(4) In the event of the Tahsildar being satisfied that a dispute concerning ownership of patta is already pending in a Court or issues are raised before him which impinge on personal laws or laws of succession and all the parties interested do not agree on the ownership in writing, he shall direct the concerned parties to obtain order on the ownership from a competent Civil Court having jurisdiction before changing the entries as already recorded and existing in the various revenue records. (emphasis supplied)

In terms of Rule 4(4), the Tahsildar upon being satisfied that a dispute concerning the ownership of patta is already pending in a Court or any issue that is raised before him impinges on personal or laws of succession shall direct the parties concerned to obtain and “order of ownership” from a competent civil Cou