The petitioner filed the writ petition, challenging the District Revenue Officer order dated 24.7.2004 passed under the Patta PassBook Act.
2. The Case of the petitioner is that the petitioner is the owner of the property in old survey no.131, 19 cents out of 3.43 acres Melmapattu village and the said land was comprised in gramma natham and it was enjoyed by his father and thereafter, he enjoyed the property over 80 years. Some portion of the property were sold by the petitioner's father in favour of one Ekambara Padayachi for discharging the loan amount. http://www.judis.nic.inHe purchased the property adjacent to gramma natham which was comprised in old no.112 and there was a dispute between the petitioner and his neighbours regarding the usage of pathway, wherein, Tahsildar has granted patta in favour of the petitioner which was challenged by the neighbours of the petitioner for using the very same pathway before the District Revenue Officer. The District Revenue Officer cancelled the patta granted by the Tahsildar, as against which the present writ petition is filed.
3. The learned Government Advocate appearing for the respondents 1 and 2 submitted that the very same subject matter was adjudicator before the Civil Court, wherein the respondents 3 to 11 had filed a suit in O.S.No.107 of 2001 before the District Munsif Court for declaration of the property was a public road. The Civil Court decreed the suit in favour of the respondents 3 to 11, as against, the petitioner filed an appeal before the Lower Appellate Court, namely Sub Court, Panruti, where it is averred in the paragraph 6 of the affidavit itself.
4. Admittedly, the patta is not a title, wherein the Civil Court already decreed the suit in favour of the Respondents 3 to 11, the petitioner, have no right to agitate the title before the revenue authorities.
M. DHANDAPANI, J.
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5. The writ petition challenging the Revenue Divisional Officer is not maintainable, since the Civil Court already concluded issue in favour of the respondents. Accordingly, the writ petition is dismissed and it is open to the petitioner to work out remedy before the appropriate civil forum. No costs. Connected miscellaneous petition is closed.
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1. The Revenue Department, Fort St. George, Chennai – 600 009.
2. The District Revenue Officer, Cuddalore.
W.P.No.31305 of 2004