Madras High Court
R.Chinnakannu vs The District Revenue Officer on 27 November, 2023
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
W.A.(MD) Nos.1852 and 1853 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 27.11.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
AND
THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN
W.A.(MD) Nos.1852 and 1853 of 2023
and C.M.P.(MD) Nos.14502 & 14242 and 14244 of 2023
R.Chinnakannu ... Appellant in both the Writ Appeals
-Vs.-
1.The District Revenue Officer,
Trichy District, Trichy.
2.The Revenue Divisional Officer,
Srirangam,
Trichy District.
3.The Tahsildar,
Marungapuri Taluk,
Trichy District. ... Respondents 1 to 3 in W.A.(MD) No.
1852 of 2023 and Respondents 2 to 4 in
W.A.(MD) No.1853 of 2023
P.Singaraja ... 4th Respondent in W.A.(MD) No.
1852 of 2023 and 1st Respondent in
W.A.(MD) No.1853 of 2023
COMMON PRAYER:- Writ Appeal filed under Clause 15 of Letters
Patent Act, to set aside the common order dated 23.06.2023 made in W.P.
(MD)Nos.7646 of 2021 and 10359 of 2020 on the file of this Court.
1/6
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W.A.(MD) Nos.1852 and 1853 of 2023
For Appellant in both the : Mr.AN.Ramanathan
the Writ Appeals
For Respondents : Mr.S.P.Maharajan,
Special Government Pleader
for R1 to R3 in W.A.(MD) No.
1852 of 2023 and for R2 to R4
in W.A.(MD) No.1853 of 2023
Mr.M.Mahendran,
for R4 in W.A.(MD) No. 1852
of 2023 and for R1 in W.A.
(MD) No.1853 of 2023
****
JUDGMENT
(Judgment of the Court was delivered by S.M.SUBRAMANIAM, J.)
These Writ Appeals have been filed challenging the common
order, dated 23.06.2023, passed in W.P.(MD)Nos.7646 of 2021 and
10359 of 2020.
2. The grounds of the Writ Appeals reveal that the appellant is
aggrieved from and out of the findings made by the learned Single Judge
on merits. While relegating the parties to approach the competent civil
Court of law, for the purpose of establishing the title and ownership, the
learned Single Judge made certain observations in para 7 of the order,
which resulted in filing of the present Writ Appeals.
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W.A.(MD) Nos.1852 and 1853 of 2023
3. Learned counsel for the appellant mainly contended that the
order of the learned Single Judge may be relied on by the parties for the
purpose of establishing their case and therefore, the observation made in
favour of the contesting respondents are to be deleted enabling the
parties to adjudicate the issue independently based on the documents and
evidence available on record.
4. We have gone through the findings made by the learned
Single Judge in paragraph No.7, which would in no away offend the
rights of the parties. Narration of the facts by the learned Single Judge
cannot be a ground to establish the title or ownership, which has to be
established independently based on the documents and evidences
available on record. However, patta would not confer title and the title
has to be established independently based on the documents and
evidences available.
5. The Tamil Nadu Patta Pass Book Act, 1983, unambiguously
stipulates that the revenue authorities are incompetent to entertain
application in the event of dispute of civil nature exists between the
parties. In such circumstances, the revenue authorities are also bound to
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W.A.(MD) Nos.1852 and 1853 of 2023
relegate the parties to approach the civil Court of law. That being the
scope of the Patta Pass Book Act, the findings of the learned Single
Judge, relegating the parties to approach civil Court is in consonance
with the Scheme of the Act and there is no infirmity. However, it is made
clear that in the event of instituting any suit by either of the parties, the
civil Court has to decide the issues independently and un-influenced by
any of the findings of the learned Single Judge or in the present judgment
but based on the documents and evidences. Till such time, the civil
disputes are resolved, all the revenue proceedings issued either in favour
of the appellant or in favour of the contesting respondent are to be kept in
obeyance and after resolving the issues and reaching finality either of the
parties are at liberty to approach the revenue authorities for the purpose
of grand of patta or cancellation of patta or to mutate the revenue records
as the case may be.
6. With the above observations, these Writ Appeals stand
disposed of. No costs. Consequently, connected Miscellaneous Petitions
are closed.
[S.M.S.J.,] & [V.L.N.J.,]
NCC :Yes/No 27.11.2023
Index :Yes/No
SJ
https://www.mhc.tn.gov.in/judis
W.A.(MD) Nos.1852 and 1853 of 2023
To
1.The District Revenue Officer,
Trichy District, Trichy.
2.The Revenue Divisional Officer,
Srirangam,
Trichy District.
3.The Tahsildar,
Marungapuri Taluk,
Trichy District.
https://www.mhc.tn.gov.in/judis
W.A.(MD) Nos.1852 and 1853 of 2023
S.M.SUBRAMANIAM, J.
AND
V. LAKSHMINARAYANAN, J.
SJ
W.A.(MD) Nos.1852 and 1853 of 2023
27.11.2023
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