Dismissed¶48

K.Kulanthai Rani v. the District Collector

Madras HC22 Apr 2025WA/1815/2024

Case brief

AI extract

What is this about?

Madras High Court writ appeal dismissed; patta consideration deferred pending civil litigation; Tamil Nadu Patta Pass Book Act 1983 Section 3 title ownership requirement; relegation of parties to Civil Court; Appeal Suit A.S.No.275 of 2023 pending before Trial Court; W.P.No.35176 of 2023 order dated 19-02-2024 upheld; no costs; liberty to seek patta after crystallisation of civil rights.

What did the court decide?

In the event of a civil dispute between the parties, the revenue authorities cannot consider the issuance of patta and are bound to relegate the parties to approach the Civil Court of Law. ¶38

K.Kulanthai Rani Vs the District Collector — Madras HC (2025) — LawSathi Research

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WA No. 1815 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 22-04-2025

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CORAM

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THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR

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WA No. 1815 of 2024

K.Kulanthai Rani

Appellant(s)

1.The District Collector Chennai - District, Chennai

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2.The Revenue Divisional Officer Chennai Central Revenue Division, Chennai

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3.The Tahsildar Egmore - Taluk, Chennai District.

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4.The District Collector Tirunelveli (Court of Wards Of Sivagiri Zamin), Collectorate - Tirunelveli, Tirunelveli.

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5.Dewan Bahadur

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Respondent(s)

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

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WA No. 1815 of 2024

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WA No. 1815 of 2024

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PRAYER

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To set aside the order passed in WP.No.35176/2023 dated 19-02-2024 and thereby render justice

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For Appellant(s): Mrs.R.Sripriya

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For Respondent(s): Mr.Vadivelu Deenadayalan AGP For R1 To R4 Mr.K.Shakespeare For R5

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JUDGMENT

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(Judgment was delivered by S.M.Subramaniam J.)

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The writ appeal has been instituted against the writ order dated

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19.02.2024 passed in W.P.No.35176 of 2023. The learned Single Judge

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elaborately considered the factual disputes existing between the parties and

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formed an opinion that patta is to be considered only after the disposal of the

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civil litigation pending between the parties.

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Admittedly, Appeal Suit in A.S.No.275 of 2023 is pending before the

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Civil Court. The Original Suit was instituted for declaration and other

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consequential reliefs under the provisions of the Tamil Nadu Patta Pass Book

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

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WA No. 1815 of 2024

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Act, 1983. In the event of a civil dispute between the parties, the revenue

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authorities cannot consider the issuance of patta. In such circumstances, the

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authorities are bound to relegate the parties to approach the Civil Court of Law.

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Under Section 3 of the Tamil Nadu Patta Pass Book Act, 1983, an

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application seeking patta is to be entertained only upon establishing title

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ownership. That being the scope of the Act, the High Court cannot entertain a writ petition for issuing a direction to consider the application for grant of patta

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during the pendency of the civil litigation between the parties.

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In the present case, an Appeal Suit is pending before the Trial Court,

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and therefore, the learned Single Judge has rightly rejected the writ petition, granting liberty to submit an application seeking patta only after crystallisation

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of the civil rights between the parties.

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

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WA No. 1815 of 2024

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