1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.09.2011 CORAM: THE HONOURABLE Mr.JUSTICE P.JYOTHIMANI W.P.(MD)No.10719 of 2011 and M.P.(MD)No.1 of 2011 P.Shanmugavel ... Petitioner Vs. 1.The District Revenue Officer, Tirunelveli District, Tirunelveli. 2.The Revenue Divisional Officer, Cheranmahadevi, Tirunelveli District. 3.The Tahsildar, Ambasamudram Taluk, Tirunelveli District. 4.Ramakrishnan ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned proceedings of the 1st respondent in See.Ma.No.Kaa2/2/2009, dated 04.07.2011 and quash the same and consequently directing the Respondents 1 to 3 to issue patta in the name of the petitioner for the Survey No.888/2B situated in Mela Ambasamudram Village, Ambasamudram Taluk, Tirunelveli District. For Petitioner : Mr.S.S.Thesigan For Respondents : Mr.M.Govindan, Spl.G.P. for R1 to R3 O R D E R Mr.M.Govindan, learned Special Government Pleader takes notice for the respondents 1 to 3. By consent, the Writ petition itself is taken up for final hearing. 2.In respect of the patta issued by the Tahsildar in favour of the petitioner, it appears that at the instance of the 4th respondent, it came to be cancelled by the Revenue Divisional Officer / 2nd respondent and the revision filed to the 1st respondent against the order of the 2nd respondent also came to https://hcservices.ecourts.gov.in/hcservices/ 2 be dismissed. It is against the 1st respondent’s order, the Writ petition is filed. 3.The main contention is that in the revision filed by the petitioner, the 1st respondent has gone into the title, which is not permissible as per law. In the patta proceedings, the authority contemplated is only to decide about the possession of the person and not investigate into the title. The learned counsel for the petitioner would rely upon the judgment of a Division Bench of this Court reported in 2011(2) CWC 242 (Vishwas Footwear Company Ltd., Vs. The District Collector and others) wherein, it has been held that in the patta proceedings, the authorities have no right to decide and investigate into the title. 4.By applying the dictum laid down by the Division Bench to the facts of the present case and on going through the impugned order passed by the 1st respondent in the revision, I do not see any reason to come to a conclusion that the 1st respondent has attempted to decide about the title of the properties. 5.What the first respondent has done is that he has referred various documents, which have been presented before him for the purpose of issuance of patta and on the basis of the documents, the claim was rejected. It is also relevant to note that while rejecting the revision, the 1st respondent has only directed the petitioner to approach the Civil Court, within a period of 30 days. 6.Law is well settled that under the Patta Pass Book Act, if the revenue authority decides against the party, it is for the party to go to Civil Court to prove the title. It is also brought to the notice of this Court that in fact, the 4th respondent has already filed a suit against the petitioner for declaration of title and the suit was dismissed. Against which, First Appeal was filed and now the matter is in the Second Appeal stage, which is pending in this Court. Whileso, only the decision given in the Second Appeal, any right can be fructified for the parties to decide about the issuance of patta. In such view of the matter, I do not see any reason to interfere with the impugned order of the 1st respondent. The Writ petition fails and the same is dismissed. No costs. Consequently, connected M.P.is closed. Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub-Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1.The District Revenue Officer, Tirunelveli District, Tirunelveli. 2.The Revenue Divisional Officer, Cheranmahadevi, Tirunelveli District. 3.The Tahsildar, Ambasamudram Taluk, Tirunelveli District +One cc to Mr.S.S.Thesigan, Advocate, SR.No.32786 +One cC to The Spl Govt. Pleader, SR.No.32656 nbj rl/6 c- 10.10.2011 W.P.(MD)No.10719 of 2011 21.09.2011 https://hcservices.ecourts.gov.in/hcservices/