Sebastian vs the District Collector

Sebastian vs The District Collector

Type Court Judgment Court Chennai Decided Jun 10, 2025

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https://sooperkanoon.com/case/1898290

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Citation: sooperkanoon.com/1898290
Court: Chennai High Court
Judge: Honourable Mr.Justice Mohammed Shaffiq
Decided On: Jun 10, 2025
Case Number: WP/19642/2025

Parties & Advocates

Appellant / Petitioner

Sebastian

Respondent

The District Collector

Excerpt

.....and 22.10.2024 have not been considered so far by the respondents. aggrieved by the same, the petitioner has come before this court.4. at the outset, the learned addl. govt. pleader appearing for therespondents would submit that the representation made by the petitioner seeking to rectify patta and fmb would be considered and appropriate orders would be passed within a time frame fixed by this court, which was agreed to by the learned counsel for petitioner.5. in view of the same, taking into consideration the facts andcircumstances of the case and the limited relief sought for in this writ petition, there shall be a direction to the respondents to consider the representation of the petitioner dated 25.11.2024 seeking to conduct enquiry on its own merits and pass appropriate orders in accordance with law, after affording reasonable opportunity of hearing to the petitioner and any other interested persons, including rival claimants, if any, within a period of twelve(12) weeks from the date of uploading of the web copy without waiting forthe receipt of certified copy. it is made clear that this court has not expressed any views with regard to the merits of the representation and it is open to the concerned respondents to consider the representation on its own merits and in accordance with law.5. with the above direction, this writ petition is disposed of. no costs. 10.06.2025 index:yes/no internet:yes/no msr to 1.the district collector, collectorate office,2. the district revenue officer, thiruvannamalai,3. the revenue divisional officer, divisional office,4. the tahsildar,5. the village administrative officer, perunkulathur revenue village,mohammed shaffiq, j.msr wp no. 19642 of 2025 10-06-2025

Full Judgment

IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10-06-2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ WP NO. 19642 of 2025 Sebastian Petitioner(s) Vs 1.The District Collector, Collectorate Office,
2. The District Revenue Officer, Thiruvannamalai,
3. The Revenue Divisional Officer, Divisional Office,
4. The Tahsildar,
5. The Village Administrative Officer,
Perunkulathur Revenue Village, Thiruvannamalai District. .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus to direct the 3 rd respondent to conduct the enquiry within stipulated time based on the petitioner's representation dated 03.06.2024, 02.09.2024, 22.10.2024 vide No.2024/0123/06/009159, dated 13.11.2024 and 25.11.2024. For Petitioner(s) : Mr.Padmanabhan D. For Respondent(s) : Mr. P. Sathish, AGP for R1 to R5

ORDER

By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.

2. This Writ Petition has been filed for issuance of Writ of Mandamus to

direct the 3rd respondent to conduct the enquiry within stipulated time based on the petitioner's representation dated 03.06.2024, 02.09.2024, 22.10.2024 vide No.2024/0123/06/009159 , dated 13.11.2024 and 25.11.2024.

3. It is submitted by the learned counsel for the petitioner that the land

comprised in RS.No.198/9 measuring an extent of 4 acres 28 cents was originally owned by the petitioner's father Deivasagayam, Son of Chinnappa Counder, his father's brother Savarimuthu, Son of Chinnappa Counder and his grandmother by name Savuriammal, wife of Chinnappa Counder. In respect of the abovesaid property, patta was issued in patta No.229 and group serial No.574 on 10.08.1974 . It is submitted that the petitioner's father, his father's brother Savarimuthu and his grand mother Savuriammal

had all passed away and that the petitioner along with legal heirs of both families have made an oral partition and have been in enjoyment of the property without any disturbance. The petitioner submits that while verifying the land records, it was noticed that the name in the patta book has been mutated in the name of one Savariappan, who is a stranger and the FMB copy of R.S.No.198/9C1 and R.S.No.198/9C2 were also altered/ changed as R,S.No.198/9C2 and 9C1 respectively. Having regard to the same, petitioner submitted representations dated 03.06.2024, 02.09.2024 and 22.10.2024 to conduct enquiry with regard to the above deviations in the patta and to modify/rectify the error in FMB which is crept in the patta. However, the said representations dated 03.06.2024, 02.09.2024 and 22.10.2024 have not been considered so far by the respondents. Aggrieved by the same, the petitioner has come before this Court.

4. At the outset, the learned Addl. Govt. Pleader appearing for the

respondents would submit that the representation made by the petitioner seeking to rectify patta and FMB would be considered and appropriate orders would be passed within a time frame fixed by this Court, which was agreed to by the learned counsel for petitioner.

5. In view of the same, taking into consideration the facts and

circumstances of the case and the limited relief sought for in this Writ Petition, there shall be a direction to the respondents to consider the representation of the petitioner dated 25.11.2024 seeking to conduct enquiry on its own merits and pass appropriate orders in accordance with law, after affording reasonable opportunity of hearing to the petitioner and any other interested persons, including rival claimants, if any, within a period of twelve

(12) weeks from the date of uploading of the web copy without waiting for

the receipt of certified copy. It is made clear that this Court has not expressed any views with regard to the merits of the representation and it is open to the concerned respondents to consider the representation on its own merits and in accordance with law.

5. With the above direction, this writ petition is disposed of. No costs. 10.06.2025 Index:yes/no Internet:yes/no msr To 1.The District Collector, Collectorate Office,

2. The District Revenue Officer, Thiruvannamalai,

3. The Revenue Divisional Officer, Divisional Office,

4. The Tahsildar,

5. The Village Administrative Officer, Perunkulathur Revenue Village,

MOHAMMED SHAFFIQ, J.

msr WP NO. 19642 of 2025 10-06-2025

Same Court & Year Chennai · 2025 Same Parties Sebastian vs The District Collector Same Judge Honourable Mr.Justice Mohammed Shaffiq