K.Ravi Vs the District Collector

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondent No.1 to pass appropriate orders upon the recommendation made by the Tahsildar in Na.Ka.2352/2019/A2 dated 24.06.2019 for cancellation of the free house site patta issued in favour respondents 4 to 12 and resume back the lands in S.No.232/25, 232/26, 232/27, 232/28, 232/29, 232/30, 232/31, 232/32, 232/33 in Vandanviduthi Village, Karambakudi Taluk, Pudhukottai District, within the time frame stipulated by this Court.

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For Petitioner : Mr.M.Mahaboob Fazil for Mr.T.Lajapathi Roy For R1 to R3 : Mr.J.Ashok Additional Government Pleader For R4 to R12 : Mr.K.Arun Raj

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ORDER

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(Order of the Court was made by S.M.SUBRAMANIAM, J. )

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With reference to the relief sought for in the present writ petition is to direct the first respondent to pass appropriate orders upon the recommendation made by the Tahsildar in Na.Ka.2352/2019/A2 dated 24.06.2019 for cancellation of the free house site patta issued in favour respondents 4 to 12 and resume back 2/5

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

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W.P.(MD)No.3866 of 2020

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the lands in S.No.232/25, 232/26, 232/27, 232/28, 232/29, 232/30, 232/31, 232/32, 232/33 in Vandanviduthi Village, Karambakudi Taluk, Pudhukottai District.

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Pursuant to the interim direction issued by this Court, the Revenue Divisional Officer, Pudukkottai conducted an enquiry and found that the civil suit in O.S.No.157 of 2023 is pending before the District Munsif Court, Pudukkottai. During the pendency of the civil suit, the revenue authorities may not be in a position to issue Patta in view of the provisions of the Patta Passbook Act and Rules. Section 3 of the Patta Passbook Act enumerates that owner of the property alone is entitled to submit an application seeking Patta. The ownership if in dispute then it is to be resolved and thereafter, an application is to be pursued for grant of Patta.

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In view of the fact that the civil suit is pending before the Civil Court, the parties are at liberty to establish their respective rights and after resolving the civil dispute any of the party can approach the revenue authority for the purpose of grant of Patta by following the procedures as contemplated under the Act and Rules.

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

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W.P.(MD)No.3866 of 2020

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