ORDER

The present Writ Petition has been filed challenging the order of the first respondent herein. The petitioners herein are claiming title to the property in dispute against the respondents 4 to 9 in this Writ Petition. 2. Heard Mr.C.Jeganathan, learned Counsel appearing for the petitioners, Mrs.D.Farjana Ghoushia, learned Special Government Pleader appearing for the respondents No.1 to 3 and Mr.G.Sakthi Rao, learned Counsel appearing for the respondents No.11 to 15.

3. Originally, the third respondent/ the Tahsildar, by his order dated

30.01.2008 had directed grant of patta in favour of the petitioners' father, against which, the respondents 4 to 9 had preferred an appeal to the second respondent herein and the second respondent, by an order, dated 03.05.2010 rejected the claim of the respondents 4 to 9. Being aggrieved against the same, they have preferred further revision before the first respondent. The first respondent, by his order, dated 28.06.2013 accepting the revision filed by the private respondents, had reversed the order passed by the respondents No.1 and 2. At the outset, the respondents 1 to 3 while disposing of the proceedings pending before them, had passed an order entering into the rival claims of the parties and decided the entitlement of their rights.

4. This, in my view, is contrary to the Rules framed under the Tamil Nadu Patta Pass Book Act, 1983. For better appreciation, the relevant Rule, viz., Rule 4 (4) 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.

5. A reading of the said Rule would envisage that if the Tahsildar is satisfied that the dispute concerning ownership of patta is already pending in a Court or that the issues are raised before him relates to personal laws or laws of succession and that if all the parties interested do not agree on the ownership of the title, then it is incumbent upon the authority to direct the concerned parties to approach the competent civil Court before changing the entries already recorded and existing in the various revenue records.

6. In the present case, the civil dispute is also pending before the District Munsif, Thirumangalam, in O.S.No.393 of 2010. Further, the parties to the proceedings have also not given in writing as to the ownership of particular person. When that being so, the revenue authorities do not have jurisdiction to entertain upon such dispute and decide to grant patta. The Honourable Apex Court has occasion to deal with the aforesaid Rule in the judgment reported in 2021 (11 SCC) 98 (Edelweiss Asset Constructions Construction Company Limited Vs- R.Perumalswamy and others) and held that the Revenue officials have exceeded the jurisdiction for investigation of title of the disputed lands and the relevant portions of the aforesaid judgment, are extracted hereunder:

“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 oth