Madras HC Quashes RDO’s Patta Order, Orders Disciplinary Proceedings For Deciding Contested Land Title

Respondents 3–5 sought mutation of patta over disputed lands.

The Revenue Divisional Officer (RDO), by order dated 28 June 2023, cancelled the patta previously issued to the petitioners and directed further changes to the revenue records, including mutation based on legal-heir and other documents.

The petitioners challenged that order, contending that the parties’ rival claims concerned title and should be determined by a civil court, not revenue authorities.

The respondents disputed the petitioners’ title and relied, among other matters, on the cancellation of an earlier settlement deed and subsequent civil proceedings.

Rule 4(4) of the Tamil Nadu Patta Pass Book Rules, 1987 requires the revenue authority, where a dispute concerning ownership is pending in court or is raised before it and the interested parties do not agree in writing on ownership, to direct the parties to obtain a determination of ownership from a competent civil court before changing existing revenue entries.

Revenue authorities do not have jurisdiction to adjudicate disputes of title.

The Court also referred to Edelweiss Asset Construction Company Limited v. R. Perumalswamy and Others, (2021) 11 SCC 98, in addressing the application of this rule.

The RDO’s order showed that the authority had considered competing claims of title founded on documents relied upon by the parties.

That conflict engaged Rule 4(4), requiring the parties to seek a civil-court determination rather than allowing the RDO to decide or act upon the competing ownership claims through patta proceedings.

The RDO therefore ought not to have cancelled the existing patta, directed mutation in favour of the Government for part of the land, or ordered further mutation based on the documents relied upon by the authorities.

The Court also directed the Secretary to the Government, Revenue and Disaster Management Department, to initiate disciplinary proceedings under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules against the officer who passed the impugned order and to report compliance within three months.