Noting that a civil dispute was pending before the District Munsiff Court at Thirumangalam, the Madurai Bench of the Madras High Court observed that the revenue authorities did not have jurisdiction to entertain such dispute and decide the grant of patta. Can take
Justice K. Kumaresh Babu said that under the Tamil Nadu Patta Pass Book Rules, if the Tehsildar is satisfied that a dispute relating to the title of the Patta is already pending in a court or issues relating to personal laws or laws of succession have been raised before him and that if If all the interested parties do not agree on the ownership of the title, it is necessary for the Authority to direct the concerned parties to approach the competent civil court before altering the entries already recorded and existing in the various revenue records.
In the present case, a civil dispute is pending before the District Munsiff Court at Tirumangalam. Further, the parties to the proceedings have also not given in writing the ownership of any particular person. When that is the case, the revenue authorities have no jurisdiction to entertain such dispute and cannot decide to grant the patta, the court said.
The court was hearing a petition challenging the order passed by the District Revenue Officer. There was a dispute between two parties regarding the ownership of a property.
The revenue authorities should not have entered into the dispute and decided the title of ownership which is required to be done by a competent civil court only. The orders passed by the officers have been directed to be put on hold. The court directed that after disposal of the pending suit on the file of the District Munsiff Court at Thirumangalam, the parties shall approach the appropriate authority for grant of patta in favor of that party.