Tmt. Kamalamma vs The District Revenue Officer

S. Vaidyanathan, J.—The petitioner has come forward with this writ petition challenging the order of the Tahsildar dated 8.7.2010, in refusing to grant patta with an observation that the petitioner can approach the Civil Court for redressal of his grievance.

If at all, the petitioner is aggrieved as against the order of the Tahsildar, he has got a remedy by way of an appeal under Section 13 or by way of Revision under Section 13 of the Patta Pass Book Act, 1983.

At this juncture, it is useful to refer to Sections 12 and 13 of Patta Pass Book Act, 1983 and they are extracted hereunder:

"12. Appeal. - Any person aggrieved by an order made by the Tahsildar under this Act may, within such period as may be prescribed, appeal to such authority as may be prescribed and the decision of such authority on such appeal shall subject to the provisions of section 13, be final.

"13. Revision. - Any officer of the Revenue Department not below the rank of District Revenue Officer authorised by the Government, by notification in this behalf for such area as may be specified in the notification, may of his own motion or on the application of a party call for and examine the records of any Tahsildar or appellant authority within his jurisdiction in respect of any proceeding under this Act and pass such orders as he may think fit.

Provided that no such order prejudicial to any person shall be made unless he has been given a reasonable opportunity of making his representation."

Also, Rules 14 and 15 of the Tamil Nadu Patta Pass Book Rules, 1987 are relevant and they are extracted as under:

"14. Appeal. - An appeal against any order of the Tahsildar passed under the Act shall be filed before the officer in charge of Revenue Division in whose jurisdiction the property lies within a period of thirty days from the date of the receipt of the order.

"15. Revision on application. - (1) An application under section 13 to the District Revenue Officer or such officer as may be authorised by the Government in this behalf by Notification for revision of an order passed by the Tahsildar or the appellate authority shall be filed within ninety days from the date of receipt of the order.

(2) The District Revenue Officer or such officer as may be authorised by the Government may admit an application for revision presented after expiry of the period mentioned in sub-rule (1), if he is satisfied that the party had just and sufficient cause for not presenting it within the said period."

From a conjoint reading of the above provisions, it is clear that if any person aggrieved by an order made by the Tahsildar under Section 10 of the Act, he can make an appeal under Section 12 of the Act and Rule 14 specifies that the Revenue Divisional Officer is the Appellate Authority to hear the appeal to be preferred under Section 12. Further, a revision is also provided under Section 13 of the Act to the District Revenue Officer.

It is also open to the petitioner to approach the Civil Court, as directed by the Tahsildar, if he is not availing alternative remedy of filing an appeal or revision under the provisions of the Patta Passbook Act. Challenging the order of the Tahsildar, by way of a writ petition is not maintainable.

Hence, the writ petition is dismissed. However, if the petitioner is desirous of approaching the authorities as against the order of the Tahsildar under the Patta Pass Book Act, it is open to him to do so, within a period of 15 days from the date of receipt of a copy of this order and the authority concerned shall decide the issue, within a period of two months from the date of receipt of such appeal/revision, without rejecting his case on the ground of delay. No costs. Connected miscellaneous petition is closed.