Rm.Kumarappan(Died), v. The District Revenue Officer,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.02.2023

CORAM

THE HON'BLE MR.JUSTICE K.KUMARESH BABU W.P(MD)No.18698 of 2013 and M.P(MD) Nos.1 and 2 of 2013 RM.Kumarappam (died) Yogu ..... Petitioner (The Petitioner is substituted vide order of this Court dated 02.02.2023 in W.M.P(MD) No.1956 of 2023 in W.P(MD) No.18698 of 2013) - Vs1. The District Revenue Officer, Sivagangai District.

2. The Revenue Divisional Officer, Devakottai.

3. K.M.Ramachandran (died)

4. R.Paramasivam

5. C.Manoharan ... Respondents (R-4 and R-5 are impleaded vide order of this Court dated 02.02.2023 in W.M.P(MD) No.22826 of 2018 in W.P(MD) No.18698 of 2013) 1/6

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned order of the second respondent in Proceedings Mu.Mu.A1-6573-2011, dated 22.06.2012 and confirmed by the impugned order of the first respondent in Proceedings Pa.Mu.P1/1519/2013, dated 23.09.2013 quash the same and consequently direct the respondents 1 and 2 herein to restore the patta in favour of the petitioner in respect of S.Nos.107/5 and 107/2, Chokkanathapuram Hamlet, Kallangudi Group, Karaikudi Taluk, Sivagangai District.

For Petitioner : Mr.S.Srinivasa Raghavan For Respondents : Mr.M.Prakash Additional Government Pleader For R1 and R2 : Mr.PR.Boome Rajan For R4 and R-5 : No appearance - R3

ORDER

This Writ Petition has been filed challenging the order passed by the first respondent, dated 23.09.2013 and consequently, direct the respondents 1 and 2 herein to restore the patta in favour of the petitioner in respect of S.Nos.107/5 and 107/2, Chokkanathapuram Hamlet, Kallangudi Group, Karaikudi Taluk, Sivagangai District.

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2. The learned counsel appearing for the petitioner would submit that the suit in O.S.No.129 of 2012 has been filed by the District Munsif Court, Karaikudi and that the revenue authorities cannot decide for grant of patta, if there is dispute over the title of the property, in view of the Rule 4(4) of the Tamil Nadu Patta Pass Book Rules, 1987, which is as follows: "Rule 4 (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 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. The Honorable Apex Court had also reiterated the provisions of the Rule 4(4).

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4. In view of the aforesaid provision of law, I do not propose to venture into the dispute as to the validity of the order passed by the first respondent. Hence, the petitioner as well as the private respondents are at liberty to approach the appropriate civil Court either in the pending civil suit or by initiating appropriate proceedings before the civil Court and thereafter, approach the revenue authorities for mutation of revenue records.

5. With the above said observation, this Writ Petition is closed. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed.

02.02.2023 NCC: Yes / No (3/3) Index :

Yes / No Internet :

Yes / No ebsi 4/6

To

1. The District Revenue Officer, Sivagangai District.

2. The Revenue Divisional Officer, Devakottai.

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K.KUMARESH BABU, J.

ebsi Order made in W.P(MD)No.18698 of 2013 02.02.2023 3/3 6/6