Madras High Court
Mrs.I.Isabella vs The Collector on 4 September, 2023
W.P.No.24072 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.09.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.24072 of 2018
and WMP.No.28056 of 2018
1.Mrs.I.Isabella
2. Mr.I.Edmund Sagayaraj
3. Mrs.I.Asha Sahayarani
4. Mrs.I.Hema Sagayarani ... Petitioners
Vs.
1. The Collector,
Singaravelar Maaligai,
62, Rajaji Salai, Chennai – 600 001.
2. The Revenue Divisional Officer &
Sub-Divisional Magistrate,
Egmore Division, Chennai – 600 031.
3. The Revenue Divisional Officer &
Sub-Divisional Magistrate,
Guindy Division, Chennai – 600 031.
4. The Thasildhar,
Velachery, Chennai – 42.
5. S.Chidambaranathan ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Certiorari, calling for the records relating to the
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W.P.No.24072 of 2018
impugned order dated 25.07.2018 bearing reference No.A2/1914/2017 issued
by the 2nd respondent and quash the same.
For Petitioner : Mr.Rajnish Pathiyil
For Respondents : Mr.T.Arunkumar
Additional Government Pleader [R1 to R4]
Mr.Abdul Whfiq
for M/s.Pass Associates [R5]
ORDER
The impugned order dated 25.07.2018 passed by the Revenue
Divisional Officer, Egmore Division is under challenge in the present writ
petition.
2. Originally, the patta was granted in the name of the husband of the
first petitioner/father of the second to fourth petitioners. The petitioners
inherited the subject property from his father. The fifth respondent filed an
appeal before the Revenue Divisional Officer, Egmore Division to cancel the
patta. The Revenue Divisional Officer conducted an elaborated enquiry by
affording an opportunity to all the parties and pass the impugned order vide
proceedings dated 25.07.2018 stating that the request of the fifth respondent
may be entertained after finalization of the Court cases, which were pending
during the relevant point of time.
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W.P.No.24072 of 2018
3. Under the provisions of the Tamil Nadu Patta Pass Book Act, 1983,
in the event of pendency of the civil cases before the competent court, the
authorities may not be in a position to consider the applications to grant
patta, cancel the patta or to mutate the revenue records.
4. The Revenue Divisional Officer has filed a counter, wherein he has
categorically stated that the contention of the writ petitioners that they are in
uninterrupted possession of the property for the past 43 years is not correct.
There are several encroachments on the said land and that court cases are
pending between the said A.G.L.Irudhayaraj i.e., father of the writ petitioners
2 to 4 and the encroachers. There is a rival claim between Mr.C.Elumalai,
E.Senthilkumar, E.Sridhar, Rusthim Singh, P.M.R.Sarkar, K.Ganesh Sing
and A.G.L.Irudhayaraj (Father of the writ petitioners 2 to 4) and the said
cases are also pending on the file of the VI Assistant City Civil Court,
Chennai in O.S.No.12065 of 2010. Further, several other cases are also
pending between the father of the writ petitioners 2 to 4 and the encroachers
in respect of the subject land.
5. The learned counsel for the petitioners brought to the notice of this
Court that some civil litigations have come to an end. If so, and the
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W.P.No.24072 of 2018
petitioners are in possession of any judgment or decree passed by the Civil
Court or otherwise, he is at liberty to submit an application or prefer a
revision before the District Revenue Officer for passing appropriate orders on
merits and in accordance with law. The petitioners are at liberty to submit a
fresh application for grant of patta if the civil disputes between the parties
reach finality.
6. Such complex nature of civil disputes cannot be adjudicated in a
writ proceedings under Article 226 of the Constitution of India. The parties
are to be relegated to approach the Civil Court for the purpose of resolving
the civil disputes by establishing their rights based on the documents and the
evidences available on records and by impleading all the necessary and
appropriate parties. The Revenue Divisional Officer in the impugned order
has categorically stated that the civil disputes were existing during the
relevant point of time between the parties and the application for cancellation
of patta is to be considered only after reaching finality in respect of the civil
disputes. The decision arrived by the Revenue Divisional Officer is in
consonance with the provisions of the Tamil Nadu Patta Pass Book Act,
1983. Thus, the petitioners are at liberty to resolve the issues by approaching
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W.P.No.24072 of 2018
the Civil Court and after reaching finality, they are at liberty to file an
application under the Tamil Nadu Patta Pass Book Act, 1983 for necessary
relief.
7. In this regard, the first respondent District Collector is directed to
verify the classification of the subject land and if any discrepancies are
found, then appropriate actions are to be initiated by the competent
authorities.
With these observations, this writ petition stands disposed of. No
costs. Connected miscellaneous petition is closed.
04.09.2023
Index : Yes
Speaking order
Neutral Citation : Yes
mp
https://www.mhc.tn.gov.in/judis
W.P.No.24072 of 2018
S.M.SUBRAMANIAM, J.
mp
To
1. The Collector,
Singaravelar Maaligai,
62, Rajaji Salai, Chennai – 600 001.
2. The Revenue Divisional Officer &
Sub-Divisional Magistrate,
Egmore Division, Chennai – 600 031.
3. The Revenue Divisional Officer &
Sub-Divisional Magistrate,
Guindy Division, Chennai – 600 031.
4. The Thasildhar,
Velachery, Chennai – 42.
W.P.No.24072 of 2018
04.09.2023
https://www.mhc.tn.gov.in/judis
