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Judgment
Honourable Mr. Justice Vinod K. Sharma
The petitioner has approached this Court with a prayer for issuance of writ in the nature of mandamus, to direct the respondents 1 to 3 to cancel
the patta bearing No. 2689, now standing in the name of the 4th respondent and to issue patta in the name of the petitioner with respect of the
property bearing old S. No. 286/1B New S.No.286/5B measuring about 1744 sq.ft. situated at Manimangalam Village, Sriperumbudur Taluk,
Kancheepuram District. The case of the petitioner is that he is an ex-service man, who purchased 7,000 sq.ft. of land by way of registered Sale
Deed. The petitioner, in order to meet his family obligations sold 5256 sq.ft. out of the 7,000 sq.ft. by way of the registered Sale deed, and also
executed a power of attorney on 26.10.1992.
On 04.01.2007, the petitioner cancelled the power of attorney after due notice to the attorney holder.
The case of the petitioner is that inspite of the power of attorney having been cancelled, the attorney holder illegally sold the land in favour of one
T. Ethiraj. The petitioner, being aggrieved by the sale by the attorney holder, being without jurisdiction, filed a civil suit. The suit stands decreed.
The case of the petitioner is that during the pendency of the suit, the property was sold to the 4th respondent. The Tahsildar, on the basis of the
sale in favour of the 4th respondent, issued patta in the name of the 4th respondent.
The petitioner claims that his application made to the Tahsildar for change of patta in terms of the Civil court decree, was declined by the
Tahsildar, on the ground that the remedy of the petitioner was to file an appeal under the Tamil Nadu Patta Passs Book Act, 1983.
The petitioner, therefore, filed a representation dated 07.04.2010 to the Appellate Authority.
The case of the petitioner is that inspite of representation having been filed, no action has been taken thereon.
On consideration, I find that the petition is not competent. The petitioner has remedy of executing the Civil court decree, by filing an execution
and to seek for change of patta by filing application to the authorities under the Tamil Nadu Patta Pass Book Act, 1983. Instead of filing
representation, the petitioner was to file an appeal in accordance with law.
The writ petition is accordingly dismissed as not competent as in absence of filing of statutory appeal, no directions as prayed for can be issued.
However, liberty is granted to the petitioner, to file a statutory appeal in accordance with law within fifteen days of receipt of certified copy of
this order. In case an appeal is filed, the authorities are directed to consider the same on merits, for the reason, that the prayer of the petitioner is to
enforce the civil court decree, which is binding on the revenue authorities.
No costs.