Champion @ Desingu vs The District Revenue Officer, Villupuram and Others

Honourable Mr. Justice Vinod K. Sharma

The petitioner has approached this Court, for the issuance in the writ in the nature of Certiorari, to quash the order passed by the respondents 1 to 3 in granting patta in favor of the respondents 4 to 7. The pleaded case of the petitioner is that the petitioner was issued assignment deed of land in dispute and put in possession of the land. The respondent Nos. 4 to 7 tried to interfere with the possession of the petitioner, which forced the petitioner to find out the reasons for interference with the possession of the petitioner. It was revealed that respondent No. 3 entered the name of the respondent Nos. 4 to 7, in revenue record by granting patta of the same land.

The petitioner being aggrieved by the order passed by the third respondent, filed an appeal before the revenue Divisional officer. The order passed by the Tahsildar was confirmed in the appeal. The petitioner, being aggrieved by the order in appeal filed revision before the Revenue Divisional Officer.

The revision petition was also dismissed by observing that the petitioner could approach the appropriate forum.

Aggrieved by the decision of the revenue authorities, the petitioner, has approached this Court, to challenge the orders on the ground that the impugned orders are arbitrary, and not sustainable in law.

Section 14 of the Tamil Nadu Patta Pass-Book Act, 1983 reads as under:

Bar of Suits: No suit shall lie against the Government or any officer of the Government in respect of a claim to have an entry made in any patta pass-book that is maintained under this Act or to have any such entry omitted or amended:

Provided that if any person is aggrieved as to any right of which he is in possession, by an entry made in the patta pass-book under this Act, he may institute a suit against any person denying or interested to deny his title to such right, for a declaration of his rights under Chapter VI of the Specific Relief Act, 1963 (Central Act 47 of 1963); and the entry in the patta pass-book shall be amended in accordance with any such declaration.

A reading of the Section 14 of The Tamil Nadu Patta Pass-Book Act, 1983 shows the orders of the authorities under the act can be challenged by filing the civil suit, and not by filing the Writ Petition. This Writ Petition is dismissed, on account of availability of the alternative remedy of civil suit. No costs. Consequently, connected Miscellaneous Petition is closed.