Gowri vs Vellaiyan

Court
Madras High Court

2026:MHC:4479
WA No. 3327 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02-11-2026
CORAM
THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE R.RAJESH VIVEKANANTHAN
WA No. 3327 of 2026
CNR: {HCMA011273942026}
Gowri
..Appellant(s)
Vs
1. Vellaiyan
2. Thangamani
3. The District Revenue Officer
Salem District.
4. The Revenue Divisional Officer
Yercaud,
Salem District.
5. The Tahsildar
Yercaud,
Salem District.
..Respondent(s)
Writ Appeal filed under Clause 15 of the Letters patent to set
aside the order dated 29.04.2026 passed in WP.No.34358 of 2023 and
consequently dismiss the Writ Petition.
For Appellant(s): Mr.S.Sethuraman
For Respondent(s): Mr.K.Sathishkumar For R 1,2
Mr.K.Surender
Special Government PleaderFor R 3-5
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2026:MHC:4479
WA No. 3327 of 2026
JUDGMENT
(Judgment of the Court was delivered by S.M.Subramaniam J.)
Under challenge is the writ order dated 29.04.2026 passed in W.P.
No. 34358 of 2023.
2. The fourth respondent in the writ petition is the appellant before
this Court. Respondents 1 and 2 filed the writ petition challenging the
order passed by the Tahsildar vide proceedings dated 06.05.2021 and
the order of the District Revenue Officer, Salem dated 07.08.2023.
Tahsildar entertained the application filed by appellant herein and issued
a direction to mutate the revenue records in the name of the appellant.
The said order was confirmed by the District Revenue Officer. Thus,
respondents 1 and 2 filed the writ petition. Writ Court made a finding that
issue involved in the case is with regard to title of the subject land. Thus,
dispute is to be resolved through competent Civil Court. Revenue
Authorities ought to have relegated the parties to approach the Civil
Court to crystallise the civil rights for entertaining the application for
grant of patta, cancellation of patta or mutation of revenue records, as
the case may be.
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2026:MHC:4479
WA No. 3327 of 2026
3. In this case, Tahsildar entertained the application filed by the
appellant and issued a direction for mutation of revenue records. The
said order came to be set aside by the Writ Court.
4. Section 3(1) of the Tamil Nadu Patta Passbook Act, 1983 states
that “The Tahsildar shall issue a patta pass book to every owner in
respect of land owned by him, on an application made by him in this
behalf.” Therefore, owner of the land may submit an application for patta
passbook.
5. Rule 4(4) of the Tamil Patta Passbook Rules reads as under:
“4(4). In the event of the Tahsildar being
satisfied that a dispute concerning ownership of
patta is already pending in a Court or issues are
raised before him which impringe on personal
laws or laws of succession and all the parties
interested do not agree on the ownership in
writing, he shall direct the concerned parties to
obtain order on the ownership from a competent
Civil Court having jurisdiction before changing
the entries as already recorded and existing in
the various revenue records.”
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2026:MHC:4479
WA No. 3327 of 2026
6. Conjoint reading of Section 3 and Rule 4(4) make it clear that if
any civil suit has been instituted or any dispute exists relating to
title/ownership, revenue authority has to relegate the parties to approach
the competent Civil Court for crystallising the civil rights. During
pendency of suit or during existence of title dispute, no application for
grant of patta, cancellation of patta or mutation of revenue records
needs to be entertained.
7. In the present case, two civil suits have been already instituted
in O.S. No. 130 of 2021 and O.S.No.106 of 2021 now pending before
the District Munsif Court, Salem. At the time of institution of suits, the
st
patta stood in the name of the father of the 1 respondent, and therefore,
application filed by the appellant before the Revenue Authority after
institution of civil suit on 06.05.2021 is not entertainable. Admittedly, civil
suits were instituted in 08.02.2021 and 18.02.2021. However, application
for mutation of patta has been decided by the Revenue Authority after
institution of the suit. That being the factum, Revenue Authority ought to
have relegated the parties to resolve the issues before the Civil Court of
law and only after reaching finality and crystallisation of the civil rights,
an application is to be entertained for grant of patta, cancellation of patta
or mutation of revenue records, as the case may be.
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2026:MHC:4479
WA No. 3327 of 2026
8. The Writ Court in Para No.(8) has made a finding that civil
dispute relating to title is pending between the parties and consequently
set aside the impugned orders passed by the Tahsildar as well as the
District Revenue Officer.
9. This Court does not find any infirmity in respect of the order
passed by the Writ Court, which is in consonance with the provisions of
the Tamil Nadu Patta Passbook Act, 1983 and Rules framed thereunder.
In respect of restoration of the name of the respondents 1 and 2, it is
made clear that restoration also deserves no consideration and the patta
shall stand in the name of the original owner namely Aandi, S/o.
Vellaiyagounder and all further modifications are to be done only after
disposal of the suits.
9. Accordingly, the writ appeal is dismissed. No costs.
Consequently, the connected miscellaneous petitions, if any, are closed.
(S.M.S.,J.) (R.R.V.,J.)
02-11-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
GD
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2026:MHC:4479
WA No. 3327 of 2026
To
1. The District Revenue Officer
Salem District.
2. The Revenue Divisional Officer
Yercaud,
Salem District.
3. The Tahsildar
Yercaud,
Salem District.
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2026:MHC:4479
WA No. 3327 of 2026
S.M.SUBRAMANIAM, J.
AND
R.RAJESH VIVEKANANTHAN, J.
GD
WA No. 3327 of 2026
02-11-2026
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