IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.Srimathy, J
P.Pushparaj – Appellant
Versus
District Revenue Officer – Respondent
Writ Petition No.2026/0105/26/013900
| Table of Content |
|---|
| 1. challenge to administrative rejection of patta transfer. (Para 1 , 2 , 3) |
| 2. revenue authorities cannot deny patta for double entries. (Para 4 , 5) |
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.04.2026 CORAM THE HONOURABLE MRS.JUSTICE S.SRIMATHY P.Pushparaj ... Petitioner Vs.
1. The District Revenue Officer, Virudhunagar District, Virudhunagar.
2. The Revenue Divisional Officer, Srivilliputhur, Virudhunagar District.
3. The Tahsildar, Taluk Office, Srivilliputhur Taluk, Virudhunagar District.
4. The Village Administrative Officer, Puvani Village, Srivilliputhur Taluk, Virudhunagar District. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records relating to the impugned order issued by the 3rd Respondent in No.2026/0105/26/013900 dated 13.04.2026 and quash the same as illegal and consequently direct the 3rd Respondent to consider the petitioner's application for transfer of Patta vide Application No.2563/2026 dated 13.03.2026 in respect of the property comprised in Plot No.952, Survey Nos.472/2A1, 473/1A1 and 473/1B1A1, situated at Poovani Village, Srivilliputhur Taluk, Virudhunagar District, afresh on merits and in accordance with law, after conducting proper enquiry and affording an opportunity of personal hearing to the petitioner, within the stipulated time fixed by this Court.
For Petitioner : Mr.S.Kameshwaran For Respondents : Mr.T.Amjadkhan Government Advocate
O R D E R
This petition has been filed seeking to call for the records relating to the impugned order issued by the 3rd Respondent in No.2026/0105/26/013900 dated 13.04.2026 and quash the same as illegal and consequently direct the 3rd Respondent to consider the petitioner's application for transfer of Patta vide Application No.2563/2026 dated 13.03.2026 in respect of the property comprised in Plot No.952, Survey Nos.472/2A1, 473/1A1 and 473/1B1A1, situated at Poovani Village, Srivilliputhur Taluk, Virudhunagar District, afresh on merits and in accordance with law, after conducting proper enquiry and affording an opportunity of personal hearing to the petitioner, within the stipulated time fixed by this Court.
2. The learned counsel for the petitioner submitted that the petitioner claims title to the subject property on the strength of a Sale Deed dated 13.03.2026 registered as Document No.1942 of 2026. It was further submitted that the petitioner purchased the property from one Thamarai Selvam. Subsequently, the petitioner applied for issuance of patta by submitting an application dated 13.03.2026. However, the 3rd respondent, by the impugned order, rejected the said application on the ground of a "double entry" in the revenue records. Aggrieved by the said rejection, the petitioner has filed the present writ petition.
3. Heard the learned Government Advocate appearing for the respondents.
4. In several decisions, this Court has consistently held that the respondents cannot reject an application for issuance of patta solely on the ground of a double entry in the revenue records. Any dispute arising out of such double entry must be adjudicated by a competent Civil Court, and the respondents are not justified in refusing patta on that basis alone. Accordingly, the impugned order passed by the third respondent is hereby quashed.
5. Considering the facts and circumstances of the case, the matter is remitted to the respondents for fresh consideration. The third respondent is directed to issue notice to the petitioner as well as to the other person in whose name the property is also registered, conduct a detailed enquiry, and pass appropriate orders on merits and in accordance with law. In the event that the Tahsildar is unable to arrive at a definite conclusion regarding the entitlement of the parties, it shall be open to both parties to approach the competent Civil Court for adjudication of their title dispute. The aforesaid exercise shall be
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