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2015 DIGILAW 216 (MAD)

A. Saravanakumar v. Revenue Divisional Officer, Revenue Division Office Coimbatore

2015-01-13

T.S.SIVAGNANAM

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Judgment 1. Heard Mr.S.Saravanan, learned counsel for the petitioner and Mr.R.Vijayakumar, learned Additional Government Pleader appearing for the first respondent and with their consent, the writ petition itself is taken up for disposal at the admission stage. 2. The petitioner has filed this writ petition to quash the impugned notice dated 09.12.2014 issued by the first respondent. 3. According to the petitioner, the first respondent has no power to conduct an enquiry and to decide the title of the property. However, it is pointed out that the respondents 2 to 8 have not produced any documents and the appeal petition has been filed with the motive to harass the petitioner and his family members and to grab the property. In support of this contention, the learned counsel for the petitioner has placed reliance on the decision of the Hon`ble Division Bench of this Court in VISHWAS FOOTWEAR COMPANY LIMITED REP.BY DIRECTOR V.RAVI VS. THE DISTRICT COLLECTOR, KANCHEEPURAM AND OTHERS and pointed out that the impugned proceedings is only a show cause notice calling upon the petitioner to appear for enquiry. 4. Therefore at the threshold, notice cannot be quashed nor can it be decided that the appeal filed against the respondents 2 to 8 is frivolous. The decision of the Hon`ble Division Bench arose out of an order passed under the provision of the Tamil Nadu Patta Pass Book Act and the first respondent is the competent authority to deal with the appeal arising out of the order passed by the Tahsildar under Patta Pass Book Act. However, it is needless to point out that the revenue authorities cannot adjudicate the question of title. Therefore, the first respondent comes to the conclusion that there is serious dispute regarding the title of the property, then the only option available is to direct the parties to approach the Civil Court. This legal principle enunciated by the Hon`ble Division Bench in the case cited supra should be borne in mind by the first respondent. 5. In the light of the above, while declining the relief of quashing the impugned notice, the petitioner is directed to submit his objection and appear for enquiry. This legal principle enunciated by the Hon`ble Division Bench in the case cited supra should be borne in mind by the first respondent. 5. In the light of the above, while declining the relief of quashing the impugned notice, the petitioner is directed to submit his objection and appear for enquiry. The first respondent, after hearing the petitioner as well as the respondents 2 to 8 shall pass appropriate orders on merits and in accordance with law, bearing in mind the legal principles enunciated by the Division Bench of this Court cited supra. The writ petition is disposed of with the above direction. No costs. Consequently, connected miscellaneous petitions are closed.