Gowri’s Patta Mutation Stays Set Aside Until Two Title Suits End, Madras HC Keeps Original Owner’s Name On Record

The Tahsildar ordered mutation of the revenue records in Gowri’s favour on 6 May 2021; the District Revenue Officer upheld that order on 7 August 2023.

Vellaiyan and Thangamani challenged both orders by writ petition. The writ court set them aside, finding that the dispute concerned title and should be resolved by a competent civil court. Gowri appealed.

At the time of the mutation order, two civil suits concerning the land were pending before the District Munsif Court, Salem; they had been instituted on 8 and 18 February 2021. The patta then stood in the name of Aandi, son of Vellaiyagounder.

Section 3(1) of the Tamil Nadu Patta Passbook Act, 1983 provides for issuance of a patta passbook to an owner on application.

Rule 4(4) of the Tamil Nadu Patta Passbook Rules requires the Tahsildar, where an ownership dispute is pending in court or a dispute involving succession or personal laws is raised and the interested parties do not agree in writing, to direct the parties to obtain an ownership order from a competent civil court before changing existing revenue entries.

Accordingly, revenue authorities should not entertain applications for grant, cancellation, or mutation of patta while a title dispute is pending; changes may be considered after the civil rights are determined.

The mutation order was made after the two civil suits had been instituted, and the suits raised a dispute concerning ownership of the land.

Applying Rule 4(4), the Court held that the revenue authorities should have left the parties to establish their civil rights before the competent court rather than changing the existing revenue entries. The writ court therefore correctly set aside the revenue orders, and the appellate court found no infirmity in that decision.

It further directed that the patta remain in the name of the original owner, Aandi, son of Vellaiyagounder, and that any further modifications be made only after disposal of the civil suits.