P. Pathiah Moopar v. The Revenue Divisional Officer, Madurai
2010-10-04
P.JYOTHIMANI, S.NAGAMUTHU
body2010
DigiLaw.ai
Judgment :- P. Jyothimani, J. The Writ Appeal is against the order of the learned Judge passed in W.P.(MD)No.10746 of 2009 dated 24.10.2009 by which the learned Judge has directed the petitioner to file an Appeal before the District Revenue Officer as it is seen in the impugned order. 2. On a reference to the impugned order passed by the Revenue Divisional Officer dated 16.9.2009 shows that on the basis of certain complaints given by the Muppatti villagers dated 30.7.2009, patta stated to have been given in favour of the appellant stood cancelled. In that order, an observation was made that if the appellant is affected, it is open to him to file an appeal before the District Revenue Officer. 3. The issue is covered under Section 10 of the Tamil Nadu Patta Pass-Book Act, 1983 which empowers the Tahsildar to modify any entries made in the patta pass-book. Section 10 of the Act reads as follows:- 10. Modification of entries in the patta pass-book – (1) Where any person claims that any modification is required in respect of any entry in the patta pass-book already issued under Section 3 either by reason of the death of any person or by reason of the transfer of interest in the land or by reason of any other subsequent change in circumstances, he shall make an application to the Tahsildar for the modification of the relevant entries in the patta pass-book. (2) An application under sub-section (1) shall contain such particulars as may be prescribed and shall be accompanied by the documents, if any, relied on by the applicant as evidence in support of his claim. (3)(a) Before passing an order on application under sub-section (1), the Tahsildar shall follow such procedure as may be prescribed and shall also give a reasonable opportunity to the parties concerned to make their representations either orally or in writing. If the Tahsildar decides that any modification should be made in respect of entries in the patta pass-book, he shall pass an order accordingly and shall make such consequential changes in the patta pass-book, as appear to him to be necessary, for giving effect to his order. (b) If the Tahsildar decides that there is no case for effecting any modification in the entries in the patta pass-book, he shall reject the application.
(b) If the Tahsildar decides that there is no case for effecting any modification in the entries in the patta pass-book, he shall reject the application. (c) An order under clause (a) or clause (b) shall contain the reasons for such order and shall be communicated to the parties concerned in such manner as may be prescribed." 4. On the basis that the R.D.O. has no jurisdiction to pass order as such as per the Tamil Nadu Patta Pass-Book Act apart from the fact that while cancelling the patta issued in favour of the appellant, no opportunity was stated to have been given to him, we are inclined to interfere with the order of the learned single Judge. Accordingly, the order of the learned Judge stands set aside and the impugned order passed by the respondent/Revenue Divisional Officer dated 16.9.2009 stands set aside with a direction to the respondent/Revenue Divisional Officer to remit the complaint made by the Muppatti villagers dated 30.7.2009, to the Tahsildr, Usilampatti, who after receiving the same shall conduct enquiry by giving an opportunity to the villagers as well as the appellant and pass appropriate orders on merits and in accordance with law. 5. With the above direction, the Writ Appeal is disposed of. Connected Miscellaneous Petition is closed. No costs.