Mrs.Selvam @ Tamilselvi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.01.2024

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM 1.Mrs.Selvam @Tamilselvi 2.P.Chandrasekaran ... Petitioners Vs.

1. The District Collector, Villupuram,

2. The District Revenue Officer, Villupuram.

3. The Revenue Divisional Officer, Thirukoilur, Villupuram District.

4. The Tahsildar, Thirukoilur Taluk, Villupuram District.

5. B.Thandavarayan

6. G.Kathirvel

7. Shanmugam

8. S.Ganesan

9. Manonmani Ammal

10. Sivakami

11. Sakunthala ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 2nd respondent to pass final order in the Revision dated 24.11.2015, filed by the 2nd petitioner against the order dated .09.2015 passed by the 3rd respondent at the earliest. For Petitioners : M/s.S.Baskaran For R1 to R4 : Mr.P.Balathandayutham, Special Government Pleader For R6, R8 & R10 : No appearance For R5, R7 & R11 : Not ready in notice For R9 : Dies steps due

O R D E R

The writ of mandamus has been filed to direct the 2nd respondent / District Revenue Officer, Villupuram to pass final orders in the Revision Petition dated 24.11.2015.

2. The said Revision Petition filed by the petitioner reveals that the petitioner is in possession of the subject property for more than 35 years and

therefore, an enquiry is to be conducted by examining the Village Administrative Officer and the subject land is to be transferred in the name of the petitioner.

3. The learned Special Government Pleader appearing on behalf of the respondents 1 to 4 brought to the notice of this Court that a Civil Suit in O.S.No.106 of 2012 is pending on the file of the District Munsif Court at Tirupuram District. When the Civil Suit is pending, the relief as such sought for by the petitioner in the Revision Petition to transfer the patta cannot be granted.

4. Under the provisions of the Tamil Nadu Patta Pass Book Act, 1983, the Revenue Authorities cannot adjudicate the title or ownership. Only after the disposal of the Civil Suit and reaching finality, the parties have to submit an application under the Patta Pass Book Act to grant patta, cancel the patta or to mutate the revenue records as the case may be. Thus, a direction to dispose of the revision petition would do no service to the cause of justice in the present writ petition. The petitioner is at liberty to pursue the remedy before the Competent Civil Court of Law.

5. With these observations, this Writ Petition stands dismissed. No costs.

31.01.2024 Jeni Index : Yes Speaking order To

1. The District Collector, Villupuram,

2. The District Revenue Officer, Villupuram.

3. The Revenue Divisional Officer, Thirukoilur, Villupuram District.

4. The Tahsildar, Thirukoilur Taluk, Villupuram District.

S.M.SUBRAMANIAM, J.

Jeni 31.01.2024