Madras High Court
V.S.Rajathilagam vs Revenue Divisional Officer on 7 April, 2021
W.A.No.1524/2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.04.2021
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
and
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.A.No.1524 of 2016 and
CMP.No.18944 of 2016
1. V.S.Rajathilagam
2. V.Lakshmi ... Appellants
-vs-
1. Revenue Divisional Officer,
Ambattur, Ambattur Road, Ambattur,
Chennai-600 053.
2. The Tahsildar,
Madhavaram Taluk,
Madhavaram, Chennai-600 060.
3. The Special Tahsildar,
Natham Settlement Scheme,
Madhavaram Taluk,
No.1, Pazhaniappa Nagar,
Fifth Street, Madhavaram, Chennai-60.
4.S.Gopal Raja ... Respondents
Writ Appeal filed under Clause 15 of the Letters Pattent against
the order dated 8.11.2016 passed in W.P.No.30280/2016 by a learned
Single Judge of this Court.
1/8
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W.A.No.1524/2016
For Appellants : Mr.K.Bijai Sundar
For Respondents : Ms.A.B.Reehana Begum,
Government Advocate for R1 to
R3
Mr.S.R.Raghunathan for R4
JUDGMENT
(Judgment of the Court was pronounced by T.RAJA, J.)
The Writ Appeal has been preferred against the order dated
8.11.2016 passed in W.P.No.30280/2016 in and by which the learned
Single Judge of this Court has directed the 3rd respondent herein,
namely, the Special Officer, Natham Settlement Scheme,
Madhavaram Taluk, Madhavaram, Chennai, instead of the District
Revenue Officer, who is the Revisional Authority as per Section 13 of
the Tamil Nadu Patta Pass Book Act, 1983 to dispose of the appeal
filed by the appellants herein.
2. The case of the appellants is that the first appellant
purchased a land situated at Madhavaram Village comprised in
Survey No.160/1, consisting of 18 cents of Madhavaram Taluk,
Thiruvallur District from one Jeevammal and others under a deed of
sale dated 16.10.1996 registered as document No.P666 of 1996 and
later numbered as 6235 of 1999, of Book l, at SRO, Sembium.
Subsequently, the petitioner sold a portion of land measuring 1800
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W.A.No.1524/2016
sq.ft. from and out of the aforesaid 18 cents to the second appellant
under a deed of sale dated 27.10.2010 registered as document
No.8884 of 2010. The third respondent also issued pattas to the
appellants to their respective lands along with their photographs.
While so, one Natha Muni Iyya created bogus documents in respect of
the above said property by entering into a sale agreement with one
Mr.C.Sundararam under Document No.3522 of 1982 describing the
land conveyed thereunder as comprised in O.S.No.160 and New
S.No.16D/1 measuring 0.30 cents and later selling it to the fourth
respondent under document No.3080 of 1985 at SRO, Sembiam,
describing the land conveyed thereunder as comprised in O.S.No.160
and New S.No.16B/1 ad-measuring 30 cents. While so, the first
respondent without verifying the said documents, passed the
impugned order, directing the cancellation of patta issued in the
name of the appellants and issuance of patta in the name of the
fourth respondent. Hence, the appellants have filed the W.P.No.
30280/2016 before this Court and a learned Single Judge of this
Court by order dated 8.11.2016 directed the 3rd respondent herein,
namely, the Special Officer, Natham Settlement Scheme,
Madhavaram Taluk, Madhavaram, Chennai, instead of the District
Revenue Officer, who is the Revisional Authority as per Section 13 of
the Tamil Nadu Patta Pass Book Act, 1983 to dispose of the appeal
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W.A.No.1524/2016
filed by the appellants herein. Aggrieved over the same, the present
Writ Appeal has been filed.
3. Learned Counsel appearing for the appellants vehemently
argued that in any event, the Tahsildar has no power to cancel the
patta obtained by the appellants long time ago. Again referring to
Sections 10, 12 and 13 of the Tamil Nadu Patta Pass Book Act, 1983,
the learned Counsel for the appellants argued that if there is any
disputed question arises in respect of the land-in-question for the
purpose of issuance of patta, only the competent civil court has got
jurisdiction, but not the Revenue Authority. Therefore, on that score,
when once the Tahsildar has granted patta in favour of the appellants
long time ago, the same Tahsildar cannot reissue the patta to the 4 th
respondent. Learned Counsel also argued that as against the order
cancelling the patta, an appeal has been filed before the Revenue
Divisional Officer as early as on 31.08.2016.
4. Learned Counsel appearing for the 4th respondent in reply
to the submission of the learned Counsel for the appellants argued
that when the patta was issued in respect of the land-in-question in
favour of the appellants, an appeal was filed before the Revenue
Divisional Officer under Section 12 of the Act by the 4 th respondent,
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W.A.No.1524/2016
who in turn, while allowing the same, issued the patta in favour of
the 4th respondent herein. Aggrieved thereby, a Revision has been
filed under Section 13 of the Act before the District Revenue Officer
by the appellants herein. After filing the revision, for the reason best
known to them, the appellants have filed the W.P.No.30280/2016
before this Court and the same was disposed of by a learned Single
Judge of this Court by order dated 08.11.2016, thereby directing the
3rd respondent herein, namely, the Special Officer, Natham
Settlement Scheme, Madhavaram Taluk, Madhavaram, Chennai, to
dispose of the appeal filed by the appellants herein. Aggrieved over
the same, the present Writ Appeal has been filed, which is not
sustainable, it is pleaded.
5. Heard Mrs.A.B.Reehana Begum, learned Government
Advocate for the respondents 1 to 3.
6. We have also gone through the records carefully
including the order dated 08.11.2016 passed by the learned Single
Judge of this Court.
7. On the face of the records, more particularly, the
impugned order of the learned Single Judge, we are of the view that
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W.A.No.1524/2016
now the issue deserves to be considered by this Bench falls under a
narrow campus for the simple reason that the learned Single Judge in
his order dated 08.11.2016 made in W.P.No.30280/2016 directed the
Special Tahsildar, Natham Settlement Scheme, Madhavaram,
Chennai, the 3rd respondent herein, to dispose of the appeal filed by
the appellants herein instead of directing the District Revenue Officer.
Since as per Section 13 of the Tamil Nadu Patta Pass Book Act, 1983,
the District Revenue Officer is the competent authority to dispose of
the appeal filed by the appellants herein. Hence, though several
grounds have been raised on either side, without going into the
merits of the claim made by both parties, we think it fit to remand
the matter to the District Revenue Officer, Thiruvallur District with a
direction to dispose of the issue-in-question within a specified period
and by remanding the matter to the District Revenue Officer, in our
considered opinion, no prejudice would be caused to either side.
Further, it appears that the Revenue Divisional Officer has already
disposed of the appeal filed by the appellants.
8. In view of all the above, without going into the merits of
the claim made by both sides, we therefore, rectifying the error in the
Order dated 08.11.2016 made in W.P.No.30280/2017, hereby remand
the matter back to the District Revenue Officer, Thiruvallur District,
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W.A.No.1524/2016
with a direction to take up the matter and after issuing notice and
affording an opportunity of personal hearing to both sides, decide the
issue-in-question on merits and in accordance with law, within a
period of eight weeks from the date of receipt of a copy of this Order.
9. With the above observation and direction, the Writ Appeal
is disposed of. No costs. Consequently, connected Miscellaneous
Petition is also dismissed.
(T.R.J.,) (G.K.I.J.,)
07.04.2021
tsi
To
1. Revenue Divisional Officer,
Ambattur,
Ambattur Road, Ambattur,
Chennai-600 053.
2. The Tahsildar,
Madhavaram Taluk,
Madhavaram, Chennai-600 060.
3. The Special Tahsildar,
Natham Settlement Scheme,
Madhavaram Taluk,
No.1, Pazhaniappa Nagar,
Fifth Street, Madhavaram, Chennai-60.
Copy to:
The District Revenue Officer, Thiruvallur.
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W.A.No.1524/2016
T.RAJA, J.
and
G.K.ILANTHIRAIYAN, J.
tsi
W.A.No.1524/2016
07.04.2021
http://www.judis.nic.in
