L.Dhuvaragan @ Dhuvaraga vs The District Collector
2023 Latest Caselaw 12741 Mad

                                                          1

                                  BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED: 19.09.2023

                                                        CORAM:

                             THE HONOURABLE MR.JUSTICE S.S.SUNDAR
                                            AND
                      THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRVARTHY

                                             W.A(MD)NO.1428 OF 2023


                     L.Dhuvaragan @ Dhuvaraga                 :Appellant/Petitioner

                                                 .vs.

                     1.The District Collector,
                       Pudukkottai District.

                     2.The District Revenue Officer,
                       Pudukkottai District,
                       Pudukkottai.

                     3.The Revenue Divisional Officer,
                       Pudukkottai Sub-Division,
                       Pudukkottai.

                     4.The Assistant Director,
                       Land Survey Department,
                       Pudukkottai.                           : Respondents/Respondents


                     PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent
                     praying this Court to set aside the order passed by this Court in
                     W.P(MD)No.9818 of 2019, dated 15.07.2022.


                                      For Appellant           :Mr.George Paul Anto

                                      For Respondents         :Mr.J.Ashok
                                            1 to 4             Addl.Govt.Pleader


https://www.mhc.tn.gov.in/judis
                                                              2

                                                    JUDGMENT

********* [Judgment of the Court was made by S.S.SUNDAR,J.]

This Writ Appeal is directed against the order of the learned

Single Judge in the Writ Petition filed by the Writ Petitioner in

W.P(MD)No.9818 of 2019, dated 15.07.2022.

2.Mr.J.Ashok, learned Additional Government Pleader takes

notice for the respondents 1 to 4. By consent of both parties, the

Writ Appeal is taken up for final disposal at the admission stage

itself.

3.The appellant claims ownership over the property in S.No.

426/4(Old S.No.171-4A1) in Iluppur Village and Taluk, Pudukkottai

District. Though the appellant claims title through sale deeds, dated

11.08.2021 and few documents, it is seen that the property has

been classified as ‘’Street’’ as per the UDR revenue records. It is the

case of the appellant that the revenue officials have wrongly

classified the land and patta was not given to the appellant in

respect of a portion of the property in S.No.426/4. The appellant

filed a petition before the District Revenue Officer, the second

respondent herein. The District Revenue Officer, who is the authority

to consider the case of the Petitioner, had rejected the https://www.mhc.tn.gov.in/judis

representation of the appellant on the ground that the property for

which the appellant seeks patta, has been classified as ‘’street’’ and

called as ‘’Roman Catholic Church South Car Street’’ and therefore,

the Petitioner’s request cannot be considered. The District Revenue

Officer further observed that it is open to the appellant to approach

the Civil Court. Further the appellant challenges the order of the

District Revenue Officer before this Court in a Writ Petition in

W.P(MD)No.9818 of 2019. The learned single Judge has rightly

dismissed the Writ Petition on the ground that the Petitioner has to

move the jurisdiction Civil Court to establish his title and that the

order of the Civil Court will be binding on the revenue officials.

4.Whenever there is a serious dispute with regard to title or

a person is aggrieved by the entries in the revenue records as to

one’s holding, the Civil Court alone is competent to decide the title

of anyone. This Court cannot entertain the Writ Petition to decide

one’s title going into disputed question of fact while considering the

request regarding mutation of names in the revenue records. Only

in a case where the appellant can trace his title under Ryotwari

Settlement, he can approach the revenue officials under the

provisions of the Tamil Nadu Patta Passbook Act and therefore, this

Court finds no merit in the Writ Appeal. It is open to the appellant to

https://www.mhc.tn.gov.in/judis

approach the competent Civil Court to decide about his title in the

manner known to law, as directed by the learned Single Judge.

5.With the above observations, the Writ Appeal stands

dismissed. No costs.

                                                             [S.S.S.R.,J.]      [D.B.C.,J.]
                                                                         19.09.2023


                     Index:Yes/No
                     Internet:Yes/No
                     NCC:Yes/No
                     vsn

                     To

                     1.The District Collector,
                       Pudukkottai District.

                     2.The District Revenue Officer,
                       Pudukkottai District,
                       Pudukkottai.

                     3.The Revenue Divisional Officer,
                       Pudukkottai Sub-Division,
                       Pudukkottai.

                     4.The Assistant Director,
                       Land Survey Department,
                       Pudukkottai.




                                                                            S.S.SUNDAR, J.
                                                                                       AND

https://www.mhc.tn.gov.in/judis

D.BHARATHA CHAKRAVARTHY, J.

vsn

JUDGMENT MADE IN W.A(MD)No.1428 of 2023

19.09.2023

https://www.mhc.tn.gov.in/judis