Madras High Court
Kanniappan vs Page on 3 January, 2025
Author: S.S. Sundar
Bench: S.S. Sundar
W.A.No.3742 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.01.2025
CORAM :
THE HONOURABLE MR. JUSTICE S.S. SUNDAR
AND
THE HONOURABLE MR. JUSTICE P. DHANABAL
W.A.No.3742 of 2024
and
C.M.P.No.29512 of 2024
1.Kanniappan
2.Poongan
3.Madhu
4.Periyapaiyan @ Raji
5.Duraisamy
6.Raji
7.Perumal
8.Govindan
9.Chennammal
10.Raji
11.Moorthy
12.Lakshmanan
13.Raman
14.Manjula
15.Sathya
16.Poongavanum ... Appellants
Vs.
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W.A.No.3742 of 2024
1.T.R.Dhanalakshmi
2.The District Collector,
District Collectorate Office,
Krishnagiri District.
3.The District Revenue Officer,
DRO Office,
Krishnagiri District.
4.The Revenue Divisional Officer,
Sub-Collector Office, Hosur,
Krishnagiri District.
5.The Tahsildar,
Taluk Office, Denkanikottai,
Krishnakiri District.
6.The Zonal Deputy Tahsildar,
Rayakottai Zonal,
Denkanikottai,
Krishnagiri District.
7.The Revenue Inspector,
RI Office, Rayakottai,
Krishnagiri District.
8.The Village Administrative Officer,
VAO Office, Nellur Revenue Village,
Denkanikottai Taluk,
Krishnagiri District.
9.Syed Ajmal
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W.A.No.3742 of 2024
10.Nakinabegum
11.M.M.Kishore Kumar
12.M.M.Santhana Kumar
13.S.M.Jothibass ... Respondents
Prayer:- Writ Appeal filed under Clause 15 of the Letters Patent against the
order dated 30.05.2024 in W.P.No.14483 of 2024 on the file of this Court.
For Appellants : M/s.R.Poornima
For R2 to R8 : Mr.A.Selvendran
Special Government Pleader
JUDGMENT
(Judgment was delivered by S.S. SUNDAR, J.)
This Writ Appeal is directed against the order of the learned Single
Judge dated 30.05.2024 made in W.P.No.14483 of 2024.
2.The writ petition was filed by the 1st respondent for issuing a Writ
of Mandamus directing the respondents 3 and 4 therein to consider and pass
orders on the writ petitioner's representation requesting to cancel the patta
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issued in the name of the private respondents. The writ petition was
disposed of by the learned Single Judge by directing the 3rd respondent,
Revenue Divisional Officer, to consider the representation filed by the writ
petitioner on 01.11.2021, giving notice to the parties concerned with the
property.
3.The only grievance expressed by the learned counsel for the
appellants is that the appellants, who are the contesting respondents in the
writ petition, were not heard before directing the official respondents to
consider the representation of the writ petitioner. It is further contended that
a Civil Suit is pending. Pendency of Civil Suit is not a ban for the appellate
authority to dispose of the appeal relating to patta. Though a decision of
Revenue is not binding on the Civil Court to decide the question of title, it
does not mean the authority cannot deal with the matter based on previous
entries in Revenue records. When the matter involves serious disputed
questions of facts which can be resolved only by Civil Court, the Revenue
authorities can either direct the parties to await the result in Civil Suit or can
pass order which will be valid subject to the declaration of title by Civil
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Court.
4.This Court is also of the view that a direction of this nature is
necessary, especially when the 3rd respondent is the Appellate Authority to
consider the representation filed by the writ petitioner if she has a rival
claim to patta which can be considered under Section 10 of Patta Passbook
Act. Therefore, the learned Judge is right in disposing of the writ petition
having regard to the limited scope of the prayer. There is absolutely no
irregularity or illegality in the order of the learned Single Judge. Hence, this
Court finds no merit in this Appeal.
5.Therefore, this Writ Appeal is dismissed, however, preserving the
liberty of the appellants to raise their objections to the representation of the
writ petitioner/1st respondent and taking note of civil dispute which is
pending before the Civil Court. No costs. Consequently, connected
miscellaneous petition is closed.
(S.S.S.R., J.) (P.D.B., J.)
03.01.2025
mkn
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Internet : Yes
Index : Yes
Neutral Citation : Yes
To
1.The District Collector,
District Collectorate Office,
Krishnagiri District.
2.The District Revenue Officer,
DRO Office,
Krishnagiri District.
3.The Revenue Divisional Officer,
Sub-Collector Office, Hosur,
Krishnagiri District.
4.The Tahsildar,
Taluk Office, Denkanikottai,
Krishnakiri District.
5.The Zonal Deputy Tahsildar,
Rayakottai Zonal,
Denkanikottai,
Krishnagiri District.
6.The Revenue Inspector,
RI Office, Rayakottai,
Krishnagiri District.
7.The Village Administrative Officer,
VAO Office, Nellur Revenue Village,
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Denkanikottai Taluk,
Krishnagiri District.
S.S. SUNDAR, J.
and
P. DHANABAL, J.
mkn
03.01.2025
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