IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 04.12.2025 CORAM THE HONOURABLE MR.JUSTICE R.SURESH KUMAR and THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN W.A.No.3676 of 2025 and C.M.P.Nos.30286 & 30287 of 2025 Sri Ayyappa Trust (Salem), Represented by its President, K.P.Natarajan, Having an office at Sri Ayyappa Ashram, Sri Sastha Nagar, Salem – 636 004. ... Appellant -Vs-

1. The District Revenue Officer, Office of the District Revenue Officer, Collectorate, Salem – 636 001.

2. The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Collectorate, Salem – 636 001. 3. The Tahsildar, Salem West, Salem – 636 005.

4. Sri Sastha Nagar Manai Nila Sonthakararkal Sangam (So-called Society), Sri Sastha Nagar, Sri Ayyappa Ashraman, Plot No.9A, Sri Sastha Street, Salem – Bangalore By-pass Road, Salem – 636 004.

5. S.Balasundaram ... Respondents PRAYER : Appeal filed under Clause XV of Letters Patent, against the order dated 10.10.2025 in W.P.No.2149 of 2021.

For Appellant : Mr.V.R.Kamalanathan for Mr.P.Mathivanan For Respondent : Mr.C.Gauthamaraj Government Advocate for R1 to R3 Mr.P.Saravana Sowmyan for R4 & R5

J U D G M E N T

(Judgment of the Court was delivered by R.SURESH KUMAR, J.)

This intra Court appeal has been directed against the order dated

10.10.2025 made in W.P.No.2149 of 2021.

2. The appellant was the writ petitioner in whose favour separate patta had been issued by the concerned Tahsildar in respect of an immovable property at Old Survey No.245/1, 2 & 4, Ward-A, Block-51, Town Survey Field No.22 to an extent of 0.3650.0 sq.mt at Jagir Ammapalayam Village, Salem West Taluk, Salem District.

3. To cancel such patta, the fourth respondent, namely, Sri Sastha Nagar Manai Nila Sonthakararkal Sangam, [in short ‘Society’] filed an appeal before the second respondent / Revenue Divisional Officer.

4. The Revenue Divisional Officer having considered the said appeal has passed an order on 11.01.2019 rejecting the said appeal on the ground that since the title with regard to the property in question has been raised, that issue can be resolved only by a civil Court, therefore the party was driven to go before the civil Court. The relevant portion of the order passed by the Revenue Divisional Officer dated 11.01.2019 reads thus:

“vdnt. gpu!;jhg g[y';fspd;’kPjhd chpikia ,k;kd;wk;’Kot[‘ bra;a ,ayhJ vd;gjhy;’kDjhuhpd;’nfhhpf;ifia js;Sgo bra;J ,jd;’K:yk;’cj;jutplg;gLfpwJ/ nkYk;. ,e;neh;tpy;. nkw;fz;l gpu!;jhg g[yj;jpd; kPjhd chpik Fwpj;J chpa chpikapy;’ ePjpkd;wj;jpd;’ K:yk;’ ghpfhuk; njof;bfhs;st[k;’ kDjhuUf;F cj;jutplg;gLfpwJ/ ,jd;’bghUl;L. nky;KiwaPL bra;a tpUk;gpdhy; ,t;t[j;jput[ fpilf;fg; bgw;w 30 jpd';fspy;’nryk;’khtl;l tUtha;’ mYtyh; mth;fSf;F nky;KiwaPL bra;J bfhs;st[k;

bjhptpf;fg;gLfpwJ/”

5. Aggrieved over the said order passed by the Revenue Divisional Officer, the Sangam, i.e., Society filed an appeal before the first respondent /

District Revenue Officer, that appeal is pending before the first respondent / District Revenue Officer, in order to decide the same on merits, summons have been issued to the parties. Aggrieved over the same, the present writ petition has been filed by the appellant / petitioner, namely, Sri Ayyappa Trust stating that the first respondent / District Revenue Officer does not have a jurisdiction to decide the so called appeal, as no appeal would lie against the order passed by the Revenue Divisional Officer as the appeal has become final within the meaning of Section 12 of the Tamil Nadu Patta Pass Book Act, 1983 and that apart, insofar as the Sangam, i.e., Society is concerned, it has become defunct and the individual claims to be in the helm of affairs of the Sangam cannot be accepted as no individual can step into the shoes of the Sangam which has been registered as a Society under the Societies Registration Act, 1860 as it has become defunct one, therefore, on this ground, since the very appeal filed before the District Revenue Officer ought not to have been proceeded further by the District Rev