District Collector is not the Competent authority to cancel the patta

District Collector is not the Competent authority to cancel the patta

High Court of Madras

W.P. No. 22761 of 2011 

Lakshmiammal Vs The District Collector, Krishnagiri District & others 

Facts:

 The petitioner holds the title of the properties by way of gift deed. The fourth respondent illegally obtained the UDR Patta and subsequently sold the land to others. Petitioner sent representation to the respondents to cancel the patta but of no avail. Hence invoked writ jurisdiction by mandamus to direct the respondent to consider the representation to cancel the patta. 

Held: The writ is misuse of court. The grant of patta governed by a statute i.e. Tamil Nadu Patta Pass Book Act, 1983. The Tahsildar is the competent authority under Rule 3 of the Act to issue patta or cancel it, in case, it is illegally granted. The remedy to the aggrieved party lies u/s. 10 of the said Act or in alternative an appeal can be filed before the R.D.O u/s. 14 of the Act. The remedy of the statutory authority is further subjected to revision. If aggrieved by the decision of authorities the parties can file a civil suit.

Hence, District Collector is not competent authority under the act to deal with issuance of patta or cancellation. No merit petition dismissed.