Madras High Court
K.Shankar vs The District Collector on 29 November, 2023
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
W.A.(MD).No.1344 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 29.11.2023
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN
W.A.(MD).No.1344 of 2023
and
C.M.P.(MD).No.10137 of 2023
K.Shankar .. Appellant/Third Party
Vs.
1.The District Collector,
Collectorate Buildings,
Dindigul,
Dindigul District.
2.The Tahsildar,
Gujiliyamparai Taluk,
Dindigul District.
3.The Taluk Surveyor,
Gujiliyamparai Surveyors Office,
Gujiliyamparai Taluk,
Dindigul District. .. Respondents 1 to 3/Respondents 1 to 3
4.P.Kandhasamy .. 4th Respondent/Petitioner
Page 1 of 5
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W.A.(MD).No.1344 of 2023
PRAYER: Writ Appeal filed under Clause 15 of Letters Patent, praying to
set aside the order dated 16.03.2023 made in W.P.(MD).No.5679 of 2023
and allow this Writ Appeal.
For Appellant : Mr.S.Arunnithy
For R-1 to R-3 : Mr.M.Lingadurai
Special Government Pleader
For R-4 : Mr.K.S.Kathiravan
JUDGMENT
(Judgment of the Court was delivered by S.M.SUBRAMANIAM,J.)
The Writ Appeal has been instituted against the order dated
16.03.2023 passed in W.P(MD).No.5679 of 2023.
2. The writ appellant is a third party as far as the writ proceedings are
concerned. The appellant states that he has instituted a civil suit in
O.S.No.347 of 2023 on the file of the Sub Court, Vedasandur. The patta
granted in favour of the fourth respondent/writ petitioner is also in dispute.
3. Since issue relating to patta is in dispute between the parties, the
appellant has rightly instituted a suit for settling the disputes. During the
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pendency of a civil dispute, the revenue authorities cannot conduct an
enquiry and issue patta, since the civil rights of the parties are to be
crystallised. Mere patta would confer no right to title. Therefore, civil
rights are to be adjudicated in the pending suit.
4. As far as the survey of the subject property is concerned, the fourth
respondent or the writ appellant is at liberty to approach the Civil Court by
filing an appropriate application under Order 26 CPC for appointment of
Commissioner and to survey the land.
5. As far as issuance of patta is concerned, the application for grant of
patta or cancellation of patta or to mutate the revenue records are to be
entertained only after the disposal of the civil suit and on application by any
of the parties. This being the principles, the parties are at liberty to
adjudicate the issues in the pending suit and after the disposal of the suit,
they are at liberty to approach the revenue authorities under the provisions
of the Tamil Nadu Patta Passbook Act, 1983 for appropriate relief.
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6. Accordingly, the order impugned dated 16.03.2023 passed in
W.P(MD).No.5679 of 2023 is set aside and the Writ Appeal stands disposed
of. There shall be no order as to costs. Consequently, connected
miscellaneous petition stands closed.
(S.M.S.,J.) (V.L.N.,J.)
29.11.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
Lm
To
1.The District Collector,
Collectorate Buildings,
Dindigul,
Dindigul District.
2.The Tahsildar,
Gujiliyamparai Taluk,
Dindigul District.
3.The Taluk Surveyor,
Gujiliyamparai Surveyors Office,
Gujiliyamparai Taluk,
Dindigul District.
https://www.mhc.tn.gov.in/judis
S.M.SUBRAMANIAM,J.
and
V.LAKSHMINARAYANAN,J.
Lm
29.11.2023
https://www.mhc.tn.gov.in/judis
