Disposed

A.Siva Subramanian v. The District Revenue Officer

Madras HC15 Jun 2023WP/376/2022

Case brief

AI extract

What is this about?

The Court disposed of a writ petition filed to quash an order confirming entries in patta records. Relying on DvSrinivasan, the Court held that where a civil suit regarding property title is pending, revenue authorities lack jurisdiction to decide title, grant, or modify patta.

What did the court decide?

The writ petition stands disposed of; revenue proceedings are kept in abeyance until the conclusion of the civil litigation.

A.Siva Subramanian Vs The District Revenue Officer — Landlord and Tenant | Madras HC (2023)

¶1

W.P.No.376 of 2022

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED : 15.06.2023

¶4

CORAM

¶5

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

¶6

W.P.No.376 of 2022

A.Siva Subramanian

... Petitioner

Vs.

The District Revenue Officer, Tharapuram, Thiruppur District.

¶11

The Sub Collector, Office of the Sub Collector, Tharapuram.

¶12

The Tahsildar, Kangeyam, Tiruppur District.

¶13

Mrs.Kamalaveni

¶14

Mrs.Senbagavalli

¶15

Mrs.Gnanambal

¶16

Mr.Rathnakumar

¶17

... Respondents

¶18

https://www.mhc.tn.gov.in/judis

¶19

Page 1 of 16

¶20

W.P.No.376 of 2022

¶21

Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue Certiorarified Writ of Mandamus, calling for the records of the 1^st respondent in Na.Ka.14411/2019/J1 dated 16.11.2021 confirming the order of the 2^nd respondent in Ni.Mu.1790/2019/A dated 19.09.2019 and quash the same and direct the 1^st respondent to remove the illegal entries made in the Patta Nos.1292 and 1842.

¶22

For Petitioner : Mrs.Hema Sampath, Senior Counsel for Mr.S.Arjun For Respondents : Mr.D.Ravichander Special Government Pleader (for R1 to R3) Mr.P.Navaneetha Krishnan, (for R4) No appearance (for R5) Mr.M.Guru Prasad (for R6 & R7)

¶23

O R D E R

¶24

The order passed by the 1^st respondent / District Revenue Officer in

¶25

the proceedings dated 16.11.2021, rejecting the revision petition filed by the petitioner is sought to be quashed in the present writ petition.

¶26

Page 2 of 16

¶27

https://www.mhc.tn.gov.in/judis

¶28

W.P.No.376 of 2022

¶29

The petitioner states that he is the absolute owner of the subject property, more fully described in the writ proceedings. The petitioner is in peaceful possession and enjoyment of the subject property and applied for patta. Subsequently, patta has also been granted in his favour in Patta Nos.1292 and 1842.

¶30

The contesting respondents 4 to 7 filed an application to cancel the patta and the authorities competent, without considering the documents, had included the names of the respondents 4 to 7 in the patta.

¶31

The learned Senior Counsel appearing on behalf of the petitioner mainly contended that insertion in the patta was made without issuing notice to the petitioner and thus, the very action per se is in violation of the principles of the natural justice. Challenging the said insertion made by the original authority, the petitioner has filed a revision petition before the District Revenue Officer, who in turn rejected the same and thus, the petitioner is constrained to move the present writ petition.

¶32

Page 3 of 16

¶33

https://www.mhc.tn.gov.in/judis

¶34

W.P.No.376 of 2022

¶35

It is not in dispute between the parties that a Civil Suit was

¶36

instituted and more specifically the Suit filed by the respondents 4 to 7 was dismissed and subsequently, they have preferred an Appeal Suit, which is yet to be numbered.

¶37

The learned Senior Counsel appearing on behalf of the petitioner made a submission that the Appeal Suit is pending at the stage of condonation of delay in representing the appeal papers.

¶38

May that as it be, an appeal has already been instituted. Whether it

¶39

is going to be rejected or will be numbered need not be considered in the present writ proceedings. Once an Appeal Suit has been instituted by anyone of the parties, it is to be construed that the issues are sub-judiced. Under these circumstances, either of the parties shall be allowed to take undue advantage of the revenue proceedings. The issue regarding the dispute on

¶40

hand has been considered by this Court in the case of D.

¶41

Srinivasan -vs- The District Collector, Thiruvallur reported in CDJ 2017 MHC 8536 and the relevant paragraphs are extracted below:-

¶42

Page 4 of 16

¶43

https://www.mhc.tn.gov.in/judis

¶44

W.P.No.376 of 2022

¶45

“ 3. This Court is of the view that granting of patta, cancellation of patta or alteration of revenue records has to be undertaken by the competent authority only if the parties have settled the dispute in relation to the title of the immovable property through civil Court. When the civil suit is pending before the competent Civil Court, the Revenue Authorities need not take any decision in respect of granting or cancellation of patta or changes in any other revenue records. In this regard, it is relevant to consider the provision of The Tamilnadu Patta Pass book Act, 1983, herein after called as 'The Act'

¶46

Section 3 of the said Act states that :-

¶47

“ The Tahsildar shall issue a patta pass book to every owner in respect of land owned by him, on an application made by him in this behalf. Any application received under this section shall be acknowledged by the Tahsildar or any other officer authorised by him in this behalf.”

¶48

Section 4 deals with Presumption of correctness of entries in the patta pass book:-

¶49

Page 5 of 16

¶50

https://www.mhc.tn.gov.in/judis

¶51

W.P.No.376 of 2022

¶52

“ The entries in the patta pass book and the certified copy of entries in the patta pass book shall be presumed to be true and correct, until the contrary is proved or a new entry is lawfully substituted therefor.”

¶53

Section 10 deals with Modification of entries in the patta pass book:-

¶54

“Where any person claims that any modification is required in respect of any entry in the patta pass book already issued under section 3 either by reason of the death of any person or by reason of the transfer or interest in the land or by reason of any other subsequent change in circumstances, he shall make an application to the Tahsildar for the modification of the relevant entries in the patta pass book.”

¶55

Section 11 deals with Persons who are required to furnish information:-

¶56

“Any person whose rights or interests are required to be, or have been entered in

¶57

Page 6 of 16

¶58

https://www.mhc.tn.gov.in/judis

¶59

W.P.No.376 of 2022

¶60

any patta pass book under this Act shall be bound, on the requisition of the Tahsildar engaged in preparing or modifying the entries in the patta pass book, to furnish or produce for his inspection within such time as may be specified in such requisition, or within such further time as the Tahsildar may, in his discretion allow, all such information or documents needed for the correct preparation or revision thereof as may be within his knowledge or in his possession or power.”

¶61

Section 12 deals with appeal:-

¶62

“ Any person aggrieved by an order made by the Tahsildar under this Act may, within such period as may be prescribed, appeal to such authority as may be prescribed and the decision of such authority on such appeal shall subject to the provisions of section 13, be final.”

¶63

Section 13 deals with revision:-

¶64

“ Any officer of the Revenue Department not below the rank of District Revenue

¶65

Page 7 of 16

¶66

https://www.mhc.tn.gov.in/judis

¶67

W.P.No.376 of 2022

¶68

Officer authorised by the Government, by notification in this behalf for such area as may be specified in the notification, may of his own motion or on the application of a party call for and examine the records of any Tahsildar or appellate authority within his jurisdiction in respect of any proceeding under this Act and pass such orders as he may think fit.”

¶69

4. In this regard it is relevant to take note of the Tamil Nadu Patta Pass Book Rules, 1987, herein after called as 'The Rules' Rule 14 deals with Appeal:-

¶70

“ An appeal against any order of the Tahsildar passed under the Act shall be filed before the officer in charge of Revenue Division in whose jurisdiction the property lies within a period of thirty days from the date of the receipt of the order.”

¶71

Rule 15 deals with Revision on application:-

¶72

“ An application under section 13 to the District Revenue Officer or such officer as may be authorised by the Government in this behalf by Notification for revision of an

¶73

Page 8 of 16

¶74

https://www.mhc.tn.gov.in/judis

¶75

W.P.No.376 of 2022

¶76

order passed by the Tahsildar or the appellate authority shall be filed within ninety days from the date of receipt of the order.”

¶77

5. Thus, it is clear that an application for revision is to be entertained by the District Revenue Officer, by virtue of section 13 of the Act and under rule 14 of the Rules.

¶78

6. Now, this Court has to examine the very spirit of the patta pass book Act. Section 3 stipulates issue of patta pass book. The language adopted in the said provision is that “The Tahsildar shall issue a patta pass book to every owner in respect of land owned by him.” Thus, it is clear that the Tahsildar is authorised to issue the patta only to the owner in respect of land owned by him and not otherwise. In this regard, this Court shall draw an inference in respect of the power conferred to the Tahsildar. To say that the Tahsildar is competent to issue patta only in respect of every owner in respect of land owned by him. Thus, if the title is clear in respect of an immovable property, then only the Tahsildar is competent to issue patta in favour of the owner of

¶79

Page 9 of 16

¶80

https://www.mhc.tn.gov.in/judis

¶81

W.P.No.376 of 2022

¶82

the land.

¶83

7. Accordingly, this Court is of the firm opinion that the primary requirement for issuance of patta pass book is the title of the property. The title of the property has to be made clear by the parties by producing relevant documents, then only the Tahsildar will have jurisdiction or is competent to issue patta in favour of owner of such land. In all other cases the Tahsildar or any other appellate authority under the patta pass book Act cannot have any jurisdiction to decide the title.

¶84

8. In respect of the title of the property, the competent Civil Court alone can decide the title of the property in question. For instance, if civil suit is instituted by any one of the parties before the competent Civil Court, then it is preferable that the Tahsildar/Appellate Authority has to wait for the final decision or the out come in the civil suit. When the civil suit before the Court of competent jurisdiction is pending, then the Tahsildar/Appellate Authority cannot enter into the arena of adjudicating the title of the property in question. When the civil Court has undertaken the process of

¶85

Page 10 of 16

¶86

https://www.mhc.tn.gov.in/judis

¶87

W.P.No.376 of 2022

¶88

deciding the title of a particular land/property, the Tahsildar and the Appellate Authority cannot have any jurisdiction to adjudicate the merits and the demerits of the title in respect of the property in question. If such a parallel proceeding is allowed to continue in respect of the title of the immovable property, the same will create confusion and further will lead to conflicting positions, as to weather the title is to be decided under the patta pass book Act or through the judgement rendered by the Civil Court.

¶89

9. In order to avoid such conflicting simultaneous proceedings in this regard, this Court is of the opinion that when the civil suits are pending before the competent Court having civil jurisdiction, then the Tahsildar or the appellate authority cannot hold any enquiry in respect of title of the property or otherwise. So also the competent authority under the patta pass book Act need not deal with any such application in respect of grant of patta under section 3 or modification required under section 10 of the Act.

¶90

10. At the outset no application under the patta pass

¶91

Page 11 of 16

¶92

https://www.mhc.tn.gov.in/judis

¶93

W.P.No.376 of 2022

¶94

book Act needs to be entertained and adjudicated when the title of the property is in question and sub judice before the competent civil Court. The Tahsildars/Appellate Authorities necessarily have to wait for the final judgement in the civil suit by the competent civil Court.

¶95

11. Intermittent intervention by the Tahsildar and the Appellate Authority are causing lot of inconvenience and conflicting interest both between the parties as well as to the authorities. If such Intermittent intervention are allowed, then the parties may take undue advantage from and out of orders passed by the competent authority either granting patta or cancellating patta. Thus, this Court is of the view that the Tahsildar/Appellate Authority need not entertain any application when the title of the particular property is in dispute.

¶96

12. The said position is very clear in view of section 3 of Patta Pass Book Act. Section 3 unambiguously enumerates that the Tahsildar can issue patta pass book to an owner in respect of land owned by him. The word “owner” has been defined in section 2 sub clause 6 of the Patta Pass Book Act as under:- “

¶97

Page 12 of 16

¶98

https://www.mhc.tn.gov.in/judis

¶99

W.P.No.376 of 2022

¶100

'Owner' means any person holding land in severalty or jointly or in common under a ryotwari settlement or in any way subject to the payment of revenue direct to the Government, and includes a full owner or limited owner but does not include a mortgagee, lessee or a tenant.”

¶101

13. When the Act is unambiguous in respect of entertaining of an application and issuance of patta to the owner, the Tahsildar/Appellate Authorities cannot entertain any application or revision for modification in respect of patta during the pendency of the civil suit or otherwise in respect of the title of the property. In other words when the title is clear and when the title regarding an immovable property attained the finality between the parties, then only Tahsildar/Appellate Authority are competent to issue patta pass book under the provision of the Tamil Nadu Patta Pass Book Act, 1983 and not otherwise. In respect of modification also the same principles are to be adopted and cancellation of patta or modification in any revenue records also to be undertaken only if the dispute regarding title is resolved.

¶102

Page 13 of 16

¶103

https://www.mhc.tn.gov.in/judis

¶104

W.P.No.376 of 2022

¶105

14. At the outset, for entertaining any application under the Tamil Nadu Patta Pass Book Act, 1983, the respective parties submitting an application should have clear title in respect of the property. When it is brought to the knowledge of the Tahsildar/Appellate Authority in respect of the pendency of the civil suit before the competent Civil Court, then no application should be entertained nor any order should be passed.”

¶106

In view of the fact that the parties have already instituted a Suit, which was dismissed and thereafter an Appeal Suit has been filed, the Revenue Authorities need not adjudicate the disputed issues.

¶107

Thus, all the revenue proceedings issued / pending are kept in abeyance and no party to the proceedings are entitled to take any undue advantage of the revenue proceedings for the purpose of establishing their case before the competent Civil Court of law. After the disposal of the civil litigations, either of the parties are at liberty to approach the competent revenue authority for the purpose of grant of patta, cancellation of patta or mutation in revenue records etc., in accordance with the provisions of the

¶108

Page 14 of 16

¶109

https://www.mhc.tn.gov.in/judis

¶110

W.P.No.376 of 2022

¶111

Tamilnadu Patta Passbook Act, 1983.

¶112