J.R. SIVAGNANAM Vs. DISTRICT COLLECTOR, OFFICE

JUDGEMENT

(1.) The civil revision petition is directed against an order rejecting the plaint, on the ground that there is a bar under section 14 of the Patta Pass-Book Act, 1983, to institute a suit. Section 14 of the said Act is extracted hereunder:

(2.) Perusal of the above judgment indicates that there was a dispute with reference to the title of the subject property therein and hence, after considering a catena of decisions, the learned Judge held that the order passed by the Revenue Authorities therein cannot be sustained and further held that as there were disputed facts, the same cannot be decided in writ jurisdiction and accordingly, allowed the writ petition, holding that the disputed fact, with reference to title, has to be adjudicated only in the civil proceedings.

(3.) In the case on hand, though the Tahsildar, Madhavaram vide proceedings in R.C. No. 7587/2011/B1 dated 16.09.2011 and 07.10.2011 respectively, has issued notices directing the parties viz., Mr. J.R. Sivagnanam and others, to appear on 27.09.2011 and 24.10.2011 respectively, for an enquiry and to produce documents for considering the application of Mr. Sivagnanam dated 10.06.2011, and though the revision petitioner has also appeared and submitted his explanation, no orders have been passed by the Tahsildar, Madhavaram, on the application dated 10.06.2011, for grant of patta.