N.Thaha Khan Vs The District Collector

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of CERTIORIFIED MANDAMUS calling for the records relating to the order passed by the 1st respondent in proceedings No. Pa.Mu. (B6)/1907/2024 dated 31.10.2025 and to quash the same as illegal and consequentially directing the respondents 1 to 4 to mutate the patta qua the land to an extent of at 0.20.5 Hectares comprised in Survey No. 74/8 situated

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Periyapattinam Village, Keelakarai Taluk, Ramanathapuram District in favour of the Petitioner in the light of the judgment and decree dated 06.06.2001 made in S.A No. 2301 of 1983 on the file of this court within the period that may be stipulated by this court.

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For Petitioner : M/s.H.Jasima Yasmin for M/s.Ajmal Associates For Respondents : Mr.B.Saravanan Additional Government Pleader for R1 to R4

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ORDER

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An order dated 31.10.2025 of the District Collector directing the District Revenue Office to dispose of the revision petition filed by the 5^th respondent herein is challenged in this writ petition.

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By relying on the Judgment and Decree in A.S.No.109 of 1981, dated 20.02.1983 and the judgment dated 06.06.2001 in S.A.No.2301 of 1983 affirming the judgment and decree of the first appellate court, the petitioner had approached the Revenue Divisional Officer for grant of patta. By order dated 18.07.2012, the Revenue Divisional Officer directed the Tahsildar to grant patta to the petitioner in accordance with the decree of the civil court. The order impugned herein came to be issued in the said facts and circumstances after

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taking note of the revision petition filed in the year 2025 by the 5^th respondent herein.

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Learned counsel for the petitioner invited my attention to the proviso to Section 14 of the Tamil Nadu Patta Passbook Act, 1983. She contends that the revenue officials are under an obligation to amend the entry in the Patta Passbook in line with the decision of the Civil Court. Therefore, she contends that the District Revenue Officer has no option but to act in accordance with the judgment and decree of the first appellate court, as affirmed by this court in second appeal. Put differently, her contention is that there was no necessity for the District Collector to direct the petitioner and the private respondent to await the outcome of the revision petition before the District Revenue Officer.

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Learned Additional Government Pleader accepts notice for respondents 1 to 4. He submits that the District Revenue Officer would consider and dispose of the revision petition within two months.

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In addition to the above submissions, learned counsel for the petitioner also points out that the revision petition has been filed with a delay of 13 years and that unless sufficient cause is shown for such inordinate delay, the revision

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petition is liable to be rejected on the ground of delay.

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The judgment and decree of the first Appellate Court is dated 20.02.1983 and that of this Court in second appeal is dated 06.06.2001. The order of the Revenue Divisional Officer is dated 18.07.2012 and it appears that the revision petition was lodged in the year 2025. The District Revenue Officer shall take all these aspects into consideration and pass orders on merits within two months from the date of receipt of a copy of this order. All contentions are left open to the petitioner and the fifth respondent in proceedings before the District Revenue Officer. It is needless to say that both the petitioner and the 5^th respondent shall be provided a reasonable opportunity before orders are passed within the time line indicated above. This writ petition is disposed of on these terms. No costs. Consequently, connected miscellaneous petitions are also closed.

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25.11.2025

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NCC : Yes/No Index : Yes / No Internet : Yes / No RJR

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To

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