K.Kulanthai Rani v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22-04-2025

CORAM

THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR K.Kulanthai Rani Appellant(s) Vs 1.The District Collector Chennai - District, Chennai 2.The Revenue Divisional Officer Chennai Central Revenue Division, Chennai 3.The Tahsildar Egmore - Taluk, Chennai District.

4.The District Collector Tirunelveli (Court of Wards Of Sivagiri Zamin), Collectorate - Tirunelveli, Tirunelveli.

5.Dewan Bahadur Respondent(s)

PRAYER To set aside the order passed in WP.No.35176/2023 dated 19-02-2024 and thereby render justice For Appellant(s):

Mrs.R.Sripriya For Respondent(s):

Mr.Vadivelu Deenadayalan AGP For R1 To R4 Mr.K.Shakespeare For R5

JUDGMENT

(Judgment was delivered by S.M.Subramaniam J.) The writ appeal has been instituted against the writ order dated 19.02.2024 passed in W.P.No.35176 of 2023. The learned Single Judge elaborately considered the factual disputes existing between the parties and formed an opinion that patta is to be considered only after the disposal of the civil litigation pending between the parties.

2. Admittedly, Appeal Suit in A.S.No.275 of 2023 is pending before the Civil Court. The Original Suit was instituted for declaration and other consequential reliefs under the provisions of the Tamil Nadu Patta Pass Book

Act, 1983. In the event of a civil dispute between the parties, the revenue authorities cannot consider the issuance of patta. In such circumstances, the authorities are bound to relegate the parties to approach the Civil Court of Law.

3. Under Section 3 of the Tamil Nadu Patta Pass Book Act, 1983, an application seeking patta is to be entertained only upon establishing title ownership. That being the scope of the Act, the High Court cannot entertain a writ petition for issuing a direction to consider the application for grant of patta during the pendency of the civil litigation between the parties.

4. In the present case, an Appeal Suit is pending before the Trial Court, and therefore, the learned Single Judge has rightly rejected the writ petition, granting liberty to submit an application seeking patta only after crystallisation of the civil rights between the parties.

5. With these observations, the Writ Appeal stands dismissed. No costs. (S.M.SUBRAMANIAM J.)(K.RAJASEKAR J.) 22-04-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Jeni

To 1.The District Collector Chennai - District, Chennai 2.The Revenue Divisional Officer Chennai Central Revenue Division, Chennai 3.The Tahsildar Egmore - Taluk, Chennai District 4.The District Collector Tirunelveli (court Of Wards Of Sivagiri Zamin), Collectorate - Tirunelveli, Tirunelveli.

5.Dewan Bahadur M.O.P Parthasarathiyengar Charitable Trust, No. S153 /72 Venkatarangam Pillai Street, Triplicane Chennai 05

S.M.SUBRAMANIAM J.

AND K.RAJASEKAR J.

Jeni 22-04-2025