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2025 Supreme(Online)(Mad) 41415
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, A.D.MARIA CLETE, JJ
M.Balamurugan – Appellant
Versus
The District Collector, Collectorate Campus, Ramanathapuram, Ramanathapuram District. – Respondent
W.P(MD).No.17836 of 2025
For the Appellants/Petitioners: Mr.R.Murugan
For the Respondents: Mr.P.Thilak Kumar Government Pleader
Appropriate statutory authority must be approached for patta cancellation, not the High Court directly.
Headnote:The matter revolves around a writ petition against the issuance of certain pattas under the Tamil Nadu Patta Pass Book Act, 1983, alleging illegitimacy in their issuance. The court directed that the petitioner must address their grievances about the issuance of the pattas to the appropriate authority, emphasizing the inappropriateness of a high court writ petition for cancellation without an inquiry. Ultimately, the petition was disposed with no order as to costs.
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| 1. petitioner must seek remedy through proper authorities rather than high court. (Para 1 , 2) |
| 2. high court cannot conduct roving inquiry in writ proceeding. (Para 3) |
(Order of the Court was made by S.M.SUBRAMANIAM, J.)
The writ on hand has been instituted to direct the second respondent to cancel the patta granted allegedly in-violation of the Tamil Nadu Patta Pass Book Act, 1983 (hereinafter referred to as 'the Act') and the Rules thereunder.
2. Grant of patta is governed under the provisions of the Act and the procedures are contemplated under the Rules framed thereunder.
3. An application seeking cancellation of patta is to be preferred before the Appellate Authority namely before the Revenue Divisional Officer. Correctness of the patta is to be verified by conducting an enquiry by the Competent Authority. Such a roving enquiry cannot be conducted by the High Court in a writ petition under Article 226 of the Constitution of India. Thus, the petitioner is at liberty to approach the jurisdictional Revenue Divisional Officer for cancellation of patta by filing an appeal, which is entertainable under Rule 14 of the Tamil Nadu Patta Passbook Rules, and on receipt of such appeal, the Revenue Divisional Officer concerned shall conduct an enquiry by affording an opportunity to all the parties and decide the issue on merits and in accordance with law as expeditiously as possible.
4. With the above direction, this writ petition stands disposed of.
There shall be no order as to costs. (S.M.S., J.) (A.D.M.C., J.)
