IN THE HIGH COURT OF JUDICATURE AT MADRAS
R. SURESH KUMAR, N. SENTHILKUMAR, JJ
M/s.Alliance Projects Partnership Firm, Rep. By Partner Manoj Sai Namburu – Appellant
Versus
The Revenue Authority and District Revenue Officer Tiruvallur – Respondent
W.A.No.610 of 2026
For the Appellant : Mr.P.L.Narayanan Senior Counsel for Mr.Hariharan E For the Respondents : Mr.T.K.Saravanan Additional Government Pleader for R1 to R4 Mr.M.G.Ramachandiran for Ms.S.Vinodha for R5 Mr.V.Raghavachari Senior Counsel for Mr.N.R.Anantharamakrishnan for R6 JUDGMENT (Judgment of the Court was made by R.SURESH KUMAR, J.)
This intra-court appeal has been directed against the order passed by the Writ court dated 22.09.2025 made in W.P.No.4131 of
2018.
2. The issue that was brought before the Writ Court relates to the land consisting of 95 cents at S.Nos.590 and 591 at Korattur Village, Chennai. It is the case of the appellant/writ petitioner that, it was purchased by the appellant by the registered sale deed dated 05.09.2005 from one M/s.Asha Nivas, Social Welfare Centre, pursuant to which, patta has been transferred to the appellant/writ petitioner's name. However, subsequently, in the year 2014, the appellant/writ petitioner came to know that the Trustees of the Impros Charitable Trust have filed a suit in O.S.No.45 of 2014 for appointment of Commissioner for sale of the lands in S.Nos.590 and 591, which belongs to the appellant/writ petitioner, where, the appellant/writ petitioner got impleaded. Subsequently, the suit has been withdrawn.
3. Be that as it may, however, the fifth respondent, namely one N.Satheesh, seems to have given a representation to cancel the patta which stood in the name of the appellant/writ petitioner pertaining to the land in question on the ground that the land belongs to him. The second respondent, that is the Revenue Divisional Officer, without conducting a proper enquiry, canceled the patta granted in favour of the appellant/writ petitioner.
4. Aggrieved over the same, the appellant/writ petitioner had already approached this Court by filing W.P.No.36797 of 2016, which was allowed by the Writ Court on 27.02.2017 on the ground that, no opportunity was granted to the appellant/writ petitioner while passing the order by the second respondent. Thereafter, further orders were passed on 19.04.2017, whereby, the fifth respondent's claim was rejected by the second respondent, namely the Revenue Divisional Officer.
5. Aggrieved over the order dated 19.04.2017, the fifth respondent filed a revision before the first respondent, who, by the order impugned before the Writ Court dated 14.02.2018, directed to cancel the patta that stood in the name of the appellant/writ petitioner and further directed to transfer the patta in the name of a Trust, namely “Sri Karapatra Siva Prakasa Swamigal Samathi Nilayam”. Aggrieved over the same, the said writ petition was filed.
6. It is recorded by the learned Writ Court that, on behalf of the writ petitioner, it was stated before the Writ Court that, without disposing the order that was impugned before the Writ Court, liberty may be granted to the writ petitioner to approach the Civil Court by filing appropriate civil suit to seek declaration of title over the property in question and having recorded the same, the learned Writ Court dismissed the said writ petition with the said liberty. Aggrieved over the same, the present writ appeal has been directed.
7. Heard Mr.P.L.Narayanan, learned Senior Counsel for the appellant, Mr.T.K.Saravanan, learned Additional Government Pleader for respondents 1 to 4, Mr.M.G.Ramachandiran, learned counsel for respondent 5 and Mr.V.Ragavachari, learned Senior Counsel for respondent 6.
8. Now, it is a disputed question with regard to the title over the property in question, for which, solution could be made only by filing appropriate civil suit before the competent Civil Court. But, at the same time, insofar as the order impugned, passed by the first respondent dated 14.02.2018, directing to issue patta in the name of a third party, namely, “Sri Karapatra Siva Prakasa Swamigal Samathi Nilayam”, who was not at all a party to the present writ proceedings, is concerned, on what basis that order had been passed cannot be gone into at this stage,
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