Madras High Court
A.Adhinarayanane vs The District Collector on 7 October, 2025
Author: S.M.Subramaniam
Bench: S.M.Subramaniam, Mohammed Shaffiq
2025:MHC:2342
W.A. No.337 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.10.2025
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
AND
THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ
W.A. No.337 of 2025
and
C.M.P. No.2709 of 2025
1.A.Adhinarayanane
2.A.Deivasigamani ... Appellants
Vs.
1.The District Collector,
Villupuram District,
Villupuram.
2.The District Revenue Officer,
Villupuram District,
Villupuram.
3.The Revenue Divisional Officer,
Villupuram District, Villupuram.
4.The Tahsildar,
Vanur Taluk, Villupuram District.
5.Balamurugan ... Respondents
Writ Appeal filed under Clause 15 of Letters Patent against the order
dated 03.01.2024 passed in W.P. No.35422 of 2023.
Page 1 of 6
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W.A. No.337 of 2025
For Appellants : Mr.N.Sivaprakash
Mr.N.Manikandan
For Respondents : Mr.Vadivelu Deenadayalan,
Additional Government Pleader
for R1 to R4
Ms.Mitraneshaa
for Ms.A.Mary for R5
JUDGMENT
(Judgment of the Court was delivered by S.M.SUBRAMANIAM, J.)
Writ order dated 03.01.2024 passed in W.P. No.35422 of 2023 is
under challenge in the present intra-court appeal.
2. Section 3(1) of The Tamil Nadu Patta Pass Book Act, 1983 (Tamil
Nadu Act 4 of 1986) enumerates that the Tahsildar shall issue patta pass
book to every owner in respect of land owned by him on an application
made by him in this behalf. Rule 4(4) of The Tamil Nadu Patta Pass Book
Rules, 1987 reads as follows:
4.Procedure on receipt of application or
information.-
(1)............
(2)............
(3)............
(4) In the event of the Tahsildar being satisfied that
a dispute concerning ownership of patta is already
pending in a Court or issues are raised before him which
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impinge on personal laws or laws of succession and all
the parties interested do not agree on the ownership in
writing, he shall direct the concerned parties to obtain a
ruling on ownership from a competent Civil Court having
jurisdiction before changing the entries as already
recorded and existing in the various revenue records.
3. Therefore, patta cannot be granted during existence of civil
dispute between the parties. The revenue authorities cannot adjudicate
the title or ownership and in the present case, it is brought to the notice
of this Court that pursuant to a decree passed in a partition suit, yet
another suit has been instituted in O.S.No.73 of 2024 on the file of the
District Munsif Court at Vanur. Since the pendency of the suit is not
disputed between the parties, the issuance of patta, cancellation of patta
or mutation of revenue records are all to be undertaken after disposal of
the civil litigation between the parties. Only after reaching finality, either
of the party may submit an application seeking grant of patta,
cancellation of patta or to mutate the revenue records. However, during
the pendency of the civil suit, the revenue authorities are restrained from
entertaining an application for grant of patta or to cancel the patta. When
the revenue authorities are not empowered to entertain an application
during the pendency of the civil suit, the High Court, in exercise of powers
of judicial review, is not expected to entertain a writ petition or adjudicate
the disputed facts of civil nature.
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4. As per Section 6 of the The Tamil Nadu Patta Pass Book Act, mere
patta would not confer property right. Section 6 contemplates that entries
in the patta pass book serve as prima facie evidence of title but not
conclusive evidence of title. Therefore, mere existence of patta would not
provide an absolute right in respect of immovable properties nor such
patta per se would provide any right to claim title or ownership.
5. In view of the above legal position, there is no infirmity in the
writ order, which is impugned in the present writ appeal. Consequently,
the writ order stands confirmed and the writ appeal stands dismissed.
Connected miscellaneous petition stands closed. There shall be no order
as to costs.
[S.M.S., J.] [M.S.Q., J.]
07.10.2025
Index:Yes
Neutral Citation: Yes
mmi
To
1.The District Collector,
Villupuram District,
Villupuram.
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2.The District Revenue Officer,
Villupuram District,
Villupuram.
3.The Revenue Divisional Officer,
Villupuram District, Villupuram.
4.The Tahsildar,
Vanur Taluk, Villupuram District.
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S.M.SUBRAMANIAM, J.
AND
MOHAMMED SHAFFIQ, J.
mmi
07.10.2025
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