Madras High Court
C. Vasanth Kumar vs The Collector on 25 May, 2022
W.P. No. 13268 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.05.2022
CORAM
THE HONOURABLE MR. JUSTICE S.M. SUBRAMANIAM
W.P. No. 13268 of 2022
&
W.M.P. No. 12568 of 2022
C. Vasanth Kumar ..Petitioner
Vs.
1. The Collector,
Tiruvallur, Tiruvallur District.
2. The Revenue Divisional
Officer,
Ponneri Taluk,
Tiruvallur District.
3. The Tahsildar,
Ponneri Taluk,
Tiruvellore District.
4. Dayalan Naidu
5. D. Harish
6. D. Rajesh
7. S. Jaffer Hussain ..Respondents
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W.P. No. 13268 of 2022
Prayer: Petition under Article 226 of the Constitution of India praying
for issue of a Writ of Certiorari to call for the records of the 2nd respondent in
his proceedings Na.Ka.183/2022/A4 dated 09.05.2022 and to quash the
same.
For Petitioner :: Mr.G. Jeremiah for
Mr.P. Chandrasekar
For Respondents :: Mr.V. Jeevagiridharan
Addl. Govt. Pleader for
R1 to R3
Mr.P. Valliappan for
Mr.C.V. Shailandhran for
R4 to R6
ORDER
The order issued regarding cancellation of patta in proceedings dated
09.05.2022 is under challenge in this writ petition.
2. The petitioner states that he is the absolute owner of the subject
property described in the impugned order.
3. The learned counsel appearing on behalf of the contesting
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W.P. No. 13268 of 2022
respondents, namely, respondents 4 to 6 reiterated that they are also
claiming right in respect of the property in question.
4. Admittedly, civil disputes are pending between the parties. The
respective learned counsel appearing on behalf of the parties submitted that
a civil suit in O.S. No. 189 of 2020 was instituted and the same was decreed
on 22.10.2021. As against the judgment and decree, a civil revision petition
under Article 227 of the Constitution of India has been instituted before this
Court in C.R.P. No. 2954 of 2021. It is not in dispute that the said civil
revision petition is pending and it is yet to be disposed of.
5. The question that arises is whether the Revenue Authorities are
empowered to issue orders regarding grant of patta or cancellation of patta
or mutation of revenue records during the existence of civil litigation
between the parties. The Act, namely, the Patta Passbook Act, governing the
issue, clearly contemplates that in the event of existence of such civil
disputes between the parties, the Revenue Authorities cannot decide the
issue and they must advise the parties to approach the competent Civil Court
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W.P. No. 13268 of 2022
for the purpose of crystallisation of their property rights. This being the
scope of the provisions of Patta Passbook Act, the Revenue Authorities are
not empowered to issue any orders in favour of any of the parties during the
pendency of civil proceedings. This being the established principle to be
followed by the Revenue Authorities while dealing with an application
submitted by any person for grant of patta, cancellation of patta or mutation
of revenue records, the present order, under challenge deserves to be kept in
abeyance. The parties have to establish their civil rights before the
competent Court of Law and once it reaches finality, thereafter, the parties
are at liberty to file a proper application before the competent Revenue
Authorities for grant of patta or cancellation of patta or mutation of revenue
records, as the case may be.
6. In the event of allowing such revenue records to exist, the same
may be taken undue advantage of, by any of the parties, either in civil
proceedings or in any other proceedings, before any other forum. Therefore,
the parties cannot be allowed to take undue advantage of the decisions taken
by the Revenue Authorities during the pendency of the civil litigation
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W.P. No. 13268 of 2022
between the parties. Such parallel proceedings would cause prejudice to
either of the parties. Further, parallel proceedings will create further
confusion and either of the parties may claim further right in respect of the
subject properties. This being the factum, this Court is inclined to consider
the writ petition.
7. Accordingly, the impugned order issued by the 2 nd respondent
in proceedings Na.Ka.183/2022/A4 dated 09.05.2022 and all the other
connected revenue orders issued by the official respondents shall be kept in
abeyance till the crystallisation of the civil rights between the parties. After
finalisation of their respective rights, either of the parties can approach the
competent revenue authorities for issuing necessary orders based on the
Court orders.
8. The writ petition is disposed of accordingly. No costs.
Connected W.M.P. is closed.
25.05.2022
nv/sp
S.M. SUBRAMANIAM,J.
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W.P. No. 13268 of 2022
nv/sp
To
1. The Collector,
Tiruvallur, Tiruvallur District.
2. The Revenue Divisional
Officer,
Ponneri Taluk,
Tiruvallur District.
3. The Tahsildar,
Ponneri Taluk,
Tiruvellore District.
W.P. No. 13268 of 2022
25.05.2022
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