Revenue Authorities cannot decide ownership disputes during ongoing civil proceedings; resolutions must await final court adjudication.

(Judgment of the Court was delivered by S.M.SUBRAMANIAM, J.)

The present Writ Appeal has been instituted challenging the writ order dated 13.11.2024 made in W.P.No.33101 of 2024.

2. The respondents 4 to 11 in the Writ Petition have instituted the Writ Appeal before this Court. The 1^st respondent filed the Writ Petition seeking a direction to cancel the chitta granted in favour of the appellants 7 and 8.

3. The learned Single Judge recorded that a civil suit had been instituted between the parties in O.S.No.653 of 2024 and is pending. However, a direction was issued to the Revenue Divisional Officer, Coimbatore North to consider the representation submitted by the writ petitioner on 15.07.2024, which relates to the request for cancellation of chitta No.8478. The writ Court has further directed to issue notice to the contesting respondents in the Writ Petition and after hearing the parties a speaking order was directed to be passed.

4. The question to be considered by this Court is as to whether the Revenue Authorities can take a decision for grant of patta, chitta or its cancellation during the pendency of the civil suit between the parties.

5. Rule 4 of the Tamil Nadu Patta Passbook Rules, 1987 deals with the procedure on receipt of application or information under the Patta Passbook Act, which reads as follows:

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 specific 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 impringe 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.

(5) The Tahsildar shall first obtain declaration in Form V from the owner who has not made any application for Patta Pass Book and, then, he shall issue Patta Pass Book in accordance with the provisions of the Act.

(6) (i) The Tahsildar shall publish a notice in the District Gazette informing that a copy of Form VII will be available in a conspicuous place in the village for verification for a per