The court affirmed that title disputes must be resolved in civil courts rather than through writ petitions when a related civil suit is pending.

Order

This writ petition has been filed, challenging the impugned order dated

28.07.2025 passed by the second respondent, rejecting the petitioner’s request for cancellation of the patta for the subject property, morefully disclosed in the prayer to this writ petition, which is now standing in the name of the temple on the ground that a civil suit in O.S. No.153 of 2025 on the file of the Sub Court, Kanchipuram is pending.

2.Mr.D.Ravichander, learned Special Government Pleader accepts notice on behalf of R1 to 4. Since no adverse order is being passed against the fifth respondent, notice to the fifth respondent is dispensed with by this Court. 3.Admittedly, the patta for the subject property now stands in the name of the temple. The petitioner seeks for cancellation of the same which has been rejected under the impugned order. Admittedly, a civil suit filed by another villager, who also seeks for cancellation of the very same patta, has already filed a civil suit in O.S. No.153 of 2025 on the file of the Sub Court, Kanchipuram. The said civil suit was filed for declaration that one A.Sathyaraj, the other villager, is the owner of the property.

4.Instead of seeking redressal of the grievance before the Civil Court, the petitioner has approached this Court challenging the impugned order. This Court does not find any infirmity in the impugned order since the second respondent has correctly observed in the impugned order that a civil suit is pending, which has been filed by another person who also seeks for the very same relief as prayed for by the petitioner, namely, cancellation of the patta standing in the name of the temple.

5.There are several disputed questions of fact involved which relate to the title of the property and therefore, the second respondent cannot adjudicate the same and only the Civil Court can adjudicate the same. Since no relief can be granted by this Court in this writ petition as the relief sought for by the petitioner can be adjudicated only by the Civil Court, this Court is not entertaining this writ petition.

6.For the foregoing reasons, this writ petition is disposed of by granting liberty to the petitioner to approach the Civil Court to prove that she is the absolute owner of the property, morefully disclosed in the prayer to this petition and she is entitled for cancellation of the patta standing in the name of the temple by making the temple as a party defendant in the said civil suit.

Consequently, connected WMP is closed. No costs.