R.Sasikumar v. The District Revenue Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.08.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.12207 of 2017 & W.M.P.No.13007 of 2017 & W.M.P.No.24198 of 2019 R.Sasikumar

...Petitioner

Vs.

1.The District Revenue Officer Tiruvarur District, Tiruvarur 2.The Revenue Divisional Officer, Mannargudi Taluk, Mannargudi, Tiruvarur District 3.The Tahsildar Mannargudi Taluk, Mannargudi, Tiruvarur District 4.The Regional Deputy Tahsildar, Mannargudi Taluk, Mannargudi, Tiruvarur District 5.S.Nirmala (Deceased)

6. Seetharaman

7. S.Karthick 8.S.Suganya ..Respondents (R6 to R8 substituted as the legal heirs of the deceased R5 vide 1/5

order of this Court dated passed in W.M.P.No.20141 of 2023) Prayer : Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Certiorari calling for the entire records pertains to the impugned order of the 1st respondent vide Na.Ka.1764/2017/A1 dated 19.4.2017 signed on 21.4.2017 and thereby the consequent confirmation of the impugned order of the 2nd respondent in proceedings No.Mu.Mu. 4260/2005 A1 dated 12.9.2007, quash both the said impugned orders of the 1st and 2nd respondent.

For Petitioner : Mr.P.Dineshkumar For Respondents 1 to 4 : Mr.D.Ravichander, Special Government Pleader R5 - Died

ORDER

The order impugned passed by the District Revenue Officer under the provisions of Patta Passbook Act is under challenge in the present writ petition.

2. In respect of patta proceedings, the revenue officers cannot adjudicate during the pendency of the civil suit. In other words, pendency of the civil suit is a bar for adjudication of the patta proceedings under the Patta Pass Book Act. In the event of passing an order by the revenue 2/5

authorities during the pendency of the civil suit, the same would cause prejudice to either of the parties. Patta would not confer any title to the parties nor the holders of the patta can claim any right over the property, which is to be established in the pending Civil suit between the parties.

3. The learned counsel for the petitioner brought to the notice of this Court that Second Appeals in S.A.Nos.541 and 748 of 2012 are pending before the High court.

4. Thus, all the patta proceedings are kept in abeyance, till such time the second appeals are disposed of. After reaching finality in the civil litigations, either of the parties is at liberty to approach the competent authority for grant of patta, cancellation of patta or to mutate the revenue records as the case may be, in the manner contemplated.

5. With these observations, the writ petition stands disposed of. No costs. Consequently connected miscellaneous petitions are closed. nl Index: Yes Speaking Order 3/5

To 1.The District Revenue Officer, Tiruvarur District, Tiruvarur.

2.The Revenue Divisional Officer, Mannargudi Taluk, Mannargudi, Tiruvarur District. 3.The Tahsildar Mannargudi Taluk, Mannargudi, Tiruvarur District. 4.The Regional Deputy Tahsildar, Mannargudi Taluk, Mannargudi, Tiruvarur District. 4/5

S.M.SUBRAMANIAM, J.

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