R.Narayanasamy vs The District Revenue Officer
2021 Latest Caselaw 10264 Mad

                                                                             W.A.No.631 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 21.04.2021

                                                         CORAM

                                      THE HON'BLE MR.JUSTICE M.M.SUNDRESH
                                                       and
                                       THE HON'BLE MS.JUSTICE R.N.MANJULA

                                                 W.A.No.631 of 2021


                     R.Narayanasamy                                         .. Appellant

                                                          Vs

                     1.The District Revenue Officer,
                       Coimbatore District, Coimbatore.

                     2.The Revenue Divisional Officer,
                       Coimbatore.

                     3.The Tahsildar,
                       Coimbatore North,
                       Coimbatore District.

                     4.R.Soundarrajan                                       .. Respondents


                               Writ Appeal filed under Clause 15 of the Letters Patent against

                     the order dated 01.11.2019 passed in W.P.No.20892 of 2018.


                               For Appellant         :     Mr.K.Selvaraj

                               For Respondents       :     Mr.V.Kadhirvelu,
                                                           Spl. Govt. Pleader for R1 to R3



                     Page 1 of 4


https://www.mhc.tn.gov.in/judis/
                                                                               W.A.No.631 of 2021




                                                      JUDGMENT

(Delivered by M.M.SUNDRESH, J.)

The appellant challenged the impugned order, by which ,the

appellant and the contesting respondent viz., fourth respondent were

directed to thrash out their respective claims before the jurisdictional

civil Court.

2.Learned counsel appearing for the appellant submitted that the

patta ought not to have been cancelled. It is for the contesting

respondent to approach the civil Court.

3.We do not find any merit in this appeal. The District Revenue

Officer has held that the parties have not proved their enjoyment and

patta was granted based upon the house receipt. There was no

document indicating their respective rights. In such view of the matter,

the only remedy open to the parties is to approach the civil Court.

4.Such a finding leading to dismissal of the writ petition cannot

be found fault with. Admittedly, the patta is not a document of title and

https://www.mhc.tn.gov.in/judis/ W.A.No.631 of 2021

therefore, the District Revenue Officer is absolutely right in directing

the parties to approach the civil Court.

5.The writ appeal stands closed with liberty to the appellant to

work out the remedy before the jurisdictional civil Court. We make it

clear that as and when such a suit is filed, the jurisdictional Court shall

not make any reliance upon the order of cancellation passed by the

District Revenue Officer and also the order passed in the writ petition.

No costs.

                                                                 (M.M.S., J.)    (R.N.M., J.)
                                                                         21.04.2021
                     Index:Yes/No
                     mmi

                     To

1.The District Revenue Officer, Coimbatore District, Coimbatore.

2.The Revenue Divisional Officer, Coimbatore.

3.The Tahsildar, Coimbatore North, Coimbatore District.

https://www.mhc.tn.gov.in/judis/ W.A.No.631 of 2021

M.M.SUNDRESH, J.

and R.N.MANJULA,J.

mmi

W.A.No.631 of 2021

21.04.2021

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