Madras High Court
WP(MD)/16006/2016 of V.MATHIALAGAN Vs THE DISTRICT REVENUE OFFICER on 12 November 2026
WP(MD) No. 16006 of 2016
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 12-11-2026
CORAM
THE HON'BLE MR. JUSTICE K.KUMARESH BABU
WP(MD) No. 16006 of 2016
and
W.M.P(MD)No.11708 of 2016
CNR:{HCMD011010832016}
V.Mathialagan
S/o.Veerasamy, No.1/63, Vadakku Street,
Pillayarpatti, Thanjavur Dist
..Petitioner(s)
Vs
1. The District Revenue Officer,
Thanjavur District, Thanjavur.
2. The Revenue Divisional Officer,
Thanjavur, Thanjavur District.
3. The Tahsildar
Thanjavur Taluk, Thanjavur.
4. N.Surappa Naidu,
S/o.Narayana Naicker, Vadakku Vinayagar
Street, Pillayarpatti, Thanjavur Taluk & Dist.
..Respondent(s)
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certorarified Mandamus to call for the records relating to the impugned proceedings issued by the first respondent in Tha.Pa.48.2015 Vu(2) dated 11.08.2015 and quash the same and consequently directing the respondents to issue patta in favour of the land owners represented by the petitioner, as per the proceedings of the second respondent in Tha.Pa.114/2012 A5 dated 10.10.2014.
WP(MD) No. 16006 of 2016
For Petitioner(s)
: Mr. F.Deepak
For Respondent(s)
: Mr.S.Siva Thilakar (R1 to R3)
Special Government Pleader
: Mr.S.Raja Prabhu (R4)
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ORDER
This Writ Petition has been filed challenging the impugned proceedings issued by the first respondent dated 11.08.2015, seeking to quash the same and consequently to direct the respondents to issue patta in favour of the landowners represented by the petitioner, in accordance with the proceedings of the second respondent dated 10.10.2014.
2. Heard the learned counsel appearing on either side.
3. The petitioner's claim for cancellation of the patta standing in the name of the fourth respondent was allowed by the second respondent. Against which, the fourth respondent, claiming title to the property, had filed a revision before the first respondent. The first respondent, after considering the issues and despite finding rival claims over the property, had interfered with the order passed by the Revenue Divisional Officer, set aside the same and had directed the third respondent to verify the revenue records and encumbrance certificates and submit a report.
WP(MD) No. 16006 of 2016
4. When having found rival claims with regard to the property, the revenue authorities are only called upon to refer the parties to approach the competent civil Court to resolve their disputes. They cannot adjudicate upon their claims and mutate the revenue records on the basis of such adjudication of rival claims.
5. The same principle has been reiterated by the Division Bench of this Court in Kuppuswami Nainar vs the District Revenue Officer and others reported in 1995 (1) MLJ 426 and in Viswas Footwear Company Limited Vs. District Collector, Kancheepuram reported in 2011(5) CTC
94.
6. In that regard, the order impugned herein passed by the first respondent, dated 11.08.2015, reversing the order of the second respondent, dated 10.10.2014, is liable to be interfered with by this Court.
7. In that regard, the impugned proceedings issued by the first respondent as well as the order passed by the second respondent are set aside, with liberty to the petitioner to approach the competent civil Court to establish his rights over the property. It is also brought to the notice
WP(MD) No. 16006 of 2016 that the fourth respondent had earlier filed a civil suit, which was also dismissed for non-prosecution.
8. In view of the above, the Writ Petition is disposed of by setting aside the orders passed by the first and second respondents, with liberty to the petitioner to approach the competent civil Court in the manner known to law. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed. 12-11-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No PS To
1. The District Revenue Officer Thanjavur District, Thanjavur
2. The Revenue Divisional Officer Thanjavur, Thanjavur Dist
3. The Tahsildar Thanjavur Taluk, Thanjavur
WP(MD) No. 16006 of 2016 K.KUMARESH BABU, J. PS WP(MD) No. 16006 of 2016 12-11-2026