1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:25.11.2011 CORAM: THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN W.P(MD)No.12073 of 2011 and M.P(MD)Nos.1 and 2 of 2011 K.Ramasubbu .. Petitioner Vs. 1.The District Revenue Officer, District Collector Office, Tirunelveli. 2.The Revenue Divisional Officer, Cheranmahadevi, Tirunelveli District. 3.The Tahsildhar, Radhapuram Taluk, Radhapuram, Tirunelveli District. 4.R.Muthaiah 5.L.Parvathi .. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari calling for the records relating to the impugned order passed by the second respondent in his proceedings in ep.K.m1.2989-2011, dated 13.08.2011 and quash the same. For Petitioner : Mr.M.Vallinayagam For R-1 to R-3 : Mr.R.Karthikeyan, Addl. Govt. Pleader For R-4 and R-5 : Mr.Karl Jacob O R D E R The petitioner has come up with the above writ petition challenging an order passed by the Revenue Divisional Officer, removing the name of the petitioner from the patta and including the name of the contesting respondents in the revenue records. 2. Heard Mr.M.Vallinayagam, learned Counsel or the petitioner, Mr.R,Karthikeyan, learned Additional Government Pleader for R-1 to R-3 and Mr.Karl Jacob, learned counsel for R-4 and R-5. https://hcservices.ecourts.gov.in/hcservices/ 2 3. The petitioner herein filed a representation before the District Revenue Officer, Tirunelveli seeking the removal of the names of the fourth respondent and husband of the fifth respondent from patta No.1669 relating to land in Survey No.1215/1B1, Valliyoor Part-I Village, Radhapuram Taluk. By an order dated 21.04.2010, the District Revenue Officer rejected the petition and also directed the petitioner herein to establish his rights in a civil Court. 4. Thereafter, the petitioner filed a suit in O.S.No.183 of 2010 on the file of the Principal District Munsif Court, Valliyoor against the respondents 4 and 5 herein as well as three other persons. The prayer in the said suit is for a declaration that the property in question belonged to the petitioner herein and for a consequential decree of permanent injunction. There was also a prayer for declaring a registered partition deed dated 19.02.2010 as null and void. 5. After filing the suit, the petitioner could have kept quite. But unfortunately, as fate would have it, the petitioner filed a petition before the Revenue Divisional Officer on 09.05.2011, after one year of the filing of the suit. It appears that the respondents 4 and 5 also gave a petition before the Revenue Divisional Officer. 6. The Revenue Divisional Officer conducted a detailed enquiry and passed an order dated 13.08.2011, directing the removal of the name of the petitioner and directing the inclusion of the name of the respondents 4 and 5 in the revenue records. Aggrieved by the said order, the petitioner is before this Court. 7. A Division Bench of this Court has already held in 2011 (5) CTC 94(Vishwas Footwear Company Ltd., vs. The District Collector and three others) that such matters are left to the civil Court to be decided. Patta does not confer title upon anyone. The disputes relating to title have to be decided only by civil Court. Since the petitioner has already filed a civil suit and also since the respondents 4 and 5 are parties to the civil suits, it is better that the dispute is resolved between the parties only in that suit. 8. In view of the above, the Writ Petition is disposed of, holding that the civil Court before which O.S.No.183 of 2010 is pending, shall decide the case, without reference to the patta, the order passed by the first or second respondent and suit shall be disposed of only on the basis of evidence let in by both parties relating to title. No Costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1.The District Revenue Officer, District Collector Office, Tirunelveli. 2.The Revenue Divisional Officer, Cheranmahadevi, Tirunelveli District. 3.The Tahsildhar, Radhapuram Taluk, Radhapuram, Tirunelveli District. +1cc to the Special Govt.Pleader, Sr.No.41631 pm ssk/09.12.2011 /5c -3p/- W.P.(MD)No.12073 of 2011 25.11.2011 https://hcservices.ecourts.gov.in/hcservices/