The Court dismissed the writ appeal challenging the lower court's order which held that Patta issuance/cancellation must wait for the resolution of a civil suit determining title. The Court reaffirmed that Revenue Officers cannot adjudicate title disputes.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
2024:MHC:2401
W.A.No.2195 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.06.2024
CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND
THE HONOURABLE MR. JUSTICE C.KUMARAPPAN
Writ Appeal No.2195 of 2021 and
C.M.P.No.13890 of 2021
K.R.Mani
... Appellant
Vs.
Mettur, Salem District.
... Respondents
Prayer: Writ Appeal filed under Clause 15 of Letters Patent to set aside the order passed in W.P.No.14287 of 2020 dated 23.04.2021.
Page No.1 of 5
W.A.No.2195 of 2021
For Appellant : Mr.R.Vivekanandan for Mr.R.Subramanian For R1 to R3 : Mr.A.Selvendran Special Government Pleader
J U D G M E N T
( Judgment of the Court was delivered by S.M.SUBRAMANIAM, J.)
The writ appeal has been instituted against the order dated 23.04.2021 passed in W.P.No.14287 of 2020.
stipulates that " The Tahsildar shall issue a patta pass book to every owner in respect of land owned by him, on an application made by him, on an application made by him in this behalf."
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W.A.No.2195 of 2021
Patta must be the owner of the property. In the event of no dispute regarding ownership or title, then alone the Tahsildar is empowered to entertain an application and conduct an enquiry and grant Patta. In the event of any dispute regarding title or ownership, the parties are to be relegated to approach the competent civil court of law.
instructions would submit that a Civil Suit filed by the appellant in O.S.No.176 of 2011 was dismissed on 26.04.2022. It is not made clear whether any first appeal has been filed or not. May that as it be, the parties may submit a fresh application under the Tamil Nadu Patta Passbook Act only after resolving the dispute through civil court of law.
W.A.No.2195 of 2021
records, as the case may be.
dismissed . No costs. Connected M.P is closed.
[S.M.S.,J.] [C.K.,J.] 14.06.2024 Index : Yes/No Speaking Order : Yes/No Neutral Citation : Yes/No veda
To
Page No.4 of 5
W.A.No.2195 of 2021
S.M.SUBRAMANIAM, J. AND C.KUMARAPPAN, J.
veda
Judgment in W.A.No.2195 of 2021
14.06.2024
Page No.5 of 5
2 issues framed by the court
Whether the Revenue Officer can issue or cancel Patta when ownership is disputed and civil litigation is pending.
Whether the Writ Appeal challenges to the order relegating parties to civil court are maintainable.
1 provisions across 1 enactments
K.R.Mani
District Revenue Officer, Salem
Revenue Divisional Officer, Mettur, Salem District
Tahsildar, Mettur, Salem District
Sengodan
Madhu
S.M.SUBRAMANIAM
C.KUMARAPPAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
