Revenue authorities cannot adjudicate disputes of title and must refer such disputes to civil courts.

W.P(MD).No.592 of 2014

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 10.01.2023

CORAM

THE HON'BLE MR.JUSTICE K.KUMARESH BABU

W.P(MD)No.592 of 2014

and

M.P(MD) No.1 of 2014

V.Nagavalli

..... Petitioner

- Vs-

1. The District Revenue Officer,

Collectorate,

Ramanathapuram.

2. The Revenue Divisional Officer,

Paramakudi,

Ramanathapuram District.

3. The Thasildar,

Mudukulathur Taluk,

Ramanathapuram District.

4. A.Ramachandran

... Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of

India, praying this Court to issue a Writ of Certiorari, to call for the records

relating to the proceedings of the first respondent in P.M.27435/2013(P5),

dated 13.12.2013 and quash the same as illegal.

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W.P(MD).No.592 of 2014

For Petitioner

: Mr.D.Anbarasu

For Respondents

: Mr.G.Siva Raja

Government Advocate

(For R1 to R3)

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

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W.P(MD).No.592 of 2014

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

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W.P(MD).No.592 of 2014

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 pro