Madras High Court
K.Raghu vs The District Revenue Officer on 6 October, 2025
Author: S.M.Subramaniam
Bench: S.M.Subramaniam, Mohammed Shaffiq
W.A.Nos.944, 946 and 947 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.10.2025
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
and
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ
W.A.Nos.944, 946 and 947 of 2023
and
CMP Nos.9387, 9394, 9397, 9390 and 9391 of 2023
WA No.944 of 2023:
K.Raghu : Appellant
Vs.
1.The District Revenue Officer,
Office of the Collectorate,
Chennai- 600 001.
2.The Revenue Divisional Officer,
Chennai South,
Guindy, Chennai.
3.The Thasildhar,
Velachery Taluk,
Chennai.
4.Indian Institute of Technology,
Madras,
Represented by its Registrar,
Chennai- 600 036
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W.A.Nos.944, 946 and 947 of 2023
5.The District Collector,
Chennai District,
Chennai- 600 001. : Respondents
PRAYER: Writ Appeal filed against the order of the learned Single Judge dated
19.01.2023 passed in W.P.No.8124 of 2019.
WA No.946 of 2023:
K.Raghu : Appellant
Vs.
1.The District Revenue Officer,
Office of the Collectorate,
Chennai- 600 001.
2.The District Collector of Chennai,
Collectorate,
Chennai- 600 001.
3.Indian Institute of Technology,
Madras,
Represented by its Registrar,
IIT Post Office,
Chennai- 600 036 : Respondents
PRAYER: Writ Appeal filed against the order of the learned Single Judge dated
19.01.2023 passed in W.P.No.22700 of 2019.
WA No.947 of 2023:
K.Raghu : Appellant
Vs.
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W.A.Nos.944, 946 and 947 of 2023
1.The District Collector,
Chennai District,
Chennai- 600 001.
2.The District Revenue Officer,
Office of the Collectorate,
Chennai- 600 001.
3.The Thasildhar,
Velachery Taluk,
Chennai.
4.Indian Institute of Technology,
Madras,
Represented by its Registrar,
Chennai- 600 036 : Respondents
PRAYER: Writ Appeal filed against the order of the learned Single Judge dated
19.01.2023 passed in W.P.No.15349 of 2019.
For Appellant : Mr.Thankasivan
for Mr.Suresh in all WAs
For Respondents : Mr.Ramanlal
Additional Advocate General
assisted by Mr.Arun Kumar
Additional Government Pleader
for R1 to R3 and R5 in WA No.944 of 2023
for R1 to R3 in WA No.947 of 2023
for R1 and R2 in WA No.946 of 2023
Mr.M.S.Krishnan
Senior Counsel
for Mr.Karthik Rajan
for R4 in WA Nos.944 and 947 of 2023
for R3 in WA No.946 of 2023
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W.A.Nos.944, 946 and 947 of 2023
COMMON JUDGMENT
The common order passed by the writ court on 19.01.2023 is under challenge in the present intra court appeals. W.P.No.8124 and 15349 of 2019 are filed by Mr.K.Raghu and W.P.No.22700 of 2019 has been instituted by Indian Institute of Technology, Madras.
2. Writ petitions have been instituted challenging the orders passed by the revenue authorities under the Tamil Nadu Patta Pass Book Act, 1983. In brief, larger extent of land had been acquired from the family of the appellant, Mr.Raghu. 97 cents of land, which is subject property has not been acquired by the Government. Thus the said portion vests with the appellant.
3. Per contra, learned Senior Counsel appearing on behalf of Indian Institute of Technology, Madras, would contend that the said portion measuring to an extent of 97 cents was acquired and the award proceedings are very much available. The land acquired by Government was handed over to the Indian Institute of Technology, Madras/requisitioning body and they are in possession 4/13 https://www.mhc.tn.gov.in/judis ( Uploaded on: 15/10/2025 08:37:17 pm ) W.A.Nos.944, 946 and 947 of 2023 and enjoyment of the said portion of the land.
4. The claim and counter claim set out between the parties would show that they are claiming ownership over the said portion of the land measuring to an extent of 97 cents. When the ownership is in dispute, High Court in exercise of the powers of judicial review under Article 226 cannot adjudicate and the aggrieved person has to approach the competent civil court of law for the purpose of establishing their title/ownership for maintaining an application under the provision of the Tamil Nadu Patta Pass Book Act, 1983.
5. Disputed facts of civil nature cannot be adjudicated by the writ court. In the event of any findings, it would cause prejudice to anyone of the party for the purpose of establishing their title/ownership in an independent manner. Thus, the High Court is expected to exercise restraint in such matters, where dispute relating to ownership/title has been involved in any of the writ proceedings. 5/13 https://www.mhc.tn.gov.in/judis ( Uploaded on: 15/10/2025 08:37:17 pm ) W.A.Nos.944, 946 and 947 of 2023
6. The order passed by the District Revenue Officer granting patta in favour of the appellant was taken by way of revision before the Commissioner of Land Administration. The Commissioner of Land Administration adjudicated the issues elaborately by affording opportunity to all the parties and passed final orders in Proceedings No.R2/4969149/2023, dated 17.10.2024.
7. A contempt Petition has been filed by the appellant on the ground that the Commissioner of Land Administration passed an order dated 17.10.2024, after grant of an interim stay by the High Court. However, the facts placed before this Court reveals that the interim stay order has been passed by the Division Bench of this Court on 19.10.2024, but the Commissioner of Land Administration passed final orders on 17.10.2024. However, the order was served on the appellant after grant of stay by the High Court. In any event, the final order was passed by the Commissioner of Land Administration before grant of interim stay. In order to avoid continuance of contempt proceedings and pursuant to the advise given by the learned Special Government Pleader, the Commissioner of Land Administration has withdrawn the said final order in proceedings dated 24.04.2025. However, the facts adjudicated in the said original order need not be 6/13 https://www.mhc.tn.gov.in/judis ( Uploaded on: 15/10/2025 08:37:17 pm ) W.A.Nos.944, 946 and 947 of 2023 brushed aside, as it was considered based on the documents and evidences and by affording complete opportunity to the parties. Technical cancellation of the said order would not vitiate the issues adjudicated in the order, since the order was not canceled on merits nor set aside by the High Court.
8. In the present case, the Government states that subject land in entirety was acquired long back and handed over to Indian Institute of Technology. The appellant claims that the portion of the land has not been acquired. Therefore, the appellant has to establish the same through documents and evidences available on record. The said exercise cannot be undertaken by the Writ Court and therefore, the appellant has to necessarily approach the Civil Court for establishing his property rights.
9. Indirect way of coining the prayer in a writ proceedings at no circumstances be appreciated. By merely quashing an order passed by the revenue authorities, no one can claim ownership or title in respect of an immovable property. Section 6 of the Tamil Nadu Patta Pass Book Act clarifies that entries in Patta Pass Book to be prima facie evidence of title, but it cannot be conclusive 7/13 https://www.mhc.tn.gov.in/judis ( Uploaded on: 15/10/2025 08:37:17 pm ) W.A.Nos.944, 946 and 947 of 2023 proof for title. Therefore, based on patta proceedings, no one can claim absolute title/ownership in respect of an immovable property. It is only revenue records maintained by the Government for limited purposes. Title/ownership is to be proved independently based on documents and evidences available on record. This being the principle to be adopted, any adjudication of facts leading to declaration of title are to be avoided by the writ court in the interest of parties and to protect their respective civil rights, which is a constitutional right under Article 300A of the Constitution of India.
10. In the present case, the Indian Institute of Technology, Madras claims that the land was acquired by the Government and handed over to them. Thus they are the absolute owners of the land and patta has been granted.
11. Per contra, the appellant, Mr. Raghu would contend that the said portion measuring 97 cents had not been acquired and still vests with him and he is in possession.
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12. That being the pleadings, the writ court cannot give any finding until the disputed issues are adjudicated in a trial nature proceedings.
13. In respect of an application filed under Tamil Nadu Patta Pass Book Act, Section 3(1) contemplates 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, the ownership must be undisputed for entertaining an application under the Tamil Nadu Patta Pass Book Act.
14. Rule 4 (4) of the Tamil Nadu Patta Pass Book Rules, 1987 states;
"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 impinge 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 a ruling on ownership from a competent Civil Court having jurisdiction before changing the entries as already recorded and existing in the various revenue records."
15. Holistic reading of provisions of the Act and Rules would indicate that the revenue authorities are empowered to grant patta only if a person is able to 9/13 https://www.mhc.tn.gov.in/judis ( Uploaded on: 15/10/2025 08:37:17 pm ) W.A.Nos.944, 946 and 947 of 2023 establish his/her ownership. In the event of any dispute or cloud over title, the authorities have no option but to relegate them to approach the competent civil court of law for establishing their title. Only thereafter, an application is entertainable and all necessary further actions are to be initiated under the Tamil Nadu Patta Pass Book Act by following the procedures as contemplated. It would be unnecessary for the writ court to adjudicate the disputed issues and made a finding, which would lead to further litigations.
16. Accordingly, the respondents 1 to 3 are directed to keep in abeyance all the revenue proceedings issued under Tamil Nadu Patta Pass Book Act, 1983, till such time, the issues are resolved between the parties. Aggrieved persons are at liberty to approach the competent civil court of law for the purpose of establishing their title/ownership. Only after reaching finality any one of the succeeding party may submit an application under the Tamil Nadu Patta Pass Book Act for grant of patta, cancellation of patta or to mutate the revenue records as the case may be. 10/13 https://www.mhc.tn.gov.in/judis ( Uploaded on: 15/10/2025 08:37:17 pm ) W.A.Nos.944, 946 and 947 of 2023
17. In view of the discussions made above, the writ order dated 19.01.2023 in W.P.Nos.8124, 15349 and 22700 of 2019 is modified by granting liberty to the parties to approach the civil court of law. All the writ appeals are disposed of. No costs. Consequently, miscellaneous petitions are closed.
(S.M.S., J.) (M.S.Q., J.)
06.10.2025
Speaking (or) Non Speaking Order
Neutral Citation: Yes/No
mrn
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W.A.Nos.944, 946 and 947 of 2023
To
1.The District Revenue Officer,
Office of the Collectorate,
Chennai- 600 001.
2.The Revenue Divisional Officer,
Chennai South,
Guindy, Chennai.
3.The Thasildhar,
Velachery Taluk,
Chennai.
4.Indian Institute of Technology,
Madras,
Represented by its Registrar,
Chennai- 600 036
5.The District Collector,
Chennai District,
Chennai- 600 001.
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W.A.Nos.944, 946 and 947 of 2023
S.M.SUBRAMANIAM, J.
and
MOHAMMED SHAFFIQ, J.
(mrn)
W.A.Nos.944, 946 and 947 of 2023
06.10.2025
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