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Madras High CourtWP/26668/2025disposed of

Kesavan v. The District Collector

2025-07-28Honourable Mr.Justice Mohammed Shaffiq6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.07.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Kesavan, S/o. Late Solai Goundar ... Petitioner Vs.

1.The District Collector, Dharmapuri, Dharmapuri District.

2.The Revenue Divisional Officer, Harur, Dharmapuri District.

3.The Thasildar, Pappireddipatti, Dharmapuri District.

4.Sadhasivam, S/o.Annamalai 5.Prabavathi, W/o.Sadhasivam ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, to direct the respondents 1 to 3 to consider petitioner's representation 10.06.2024 and 22.07.2024 requesting to rectify the mistake and made correction in the FMB as well as cancel the patta No.172 and new sub-division no.132/1A1 issued to the respondents 4 and 5 in respect of petitioner's lands comprised in Survey No.132/1 of Singirihalli Village, 1/6

measuring to an extent of 2.15 acres situated at Singirihalli Village, Pappireddipatti Taluk, Dharmapuri District.

For Petitioner : Mr.K.Thiruvengadam For Respondents :

For R1 to R3 : Mr.A.Selvendran Special Government Pleader

ORDER

By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself. In view of the order that this Court proposes to pass and also the limited relief that is sought to be granted, notice to respondents 4 and 5 is dispensed with.

2. The present writ petition is filed praying for a writ of mandamus, to direct the respondents 1 to 3 to consider petitioner's representation, dated 10.06.2024 and 22.07.2024 requesting to rectify the mistake and made correction in the FMB as well as cancel the patta No.172 and new sub-division no.132/1A1 issued to the respondents 4 and 5 in respect of petitioner's lands comprised in Survey No.132/1 of Singirihalli Village, measuring to an extent of 2.15 acres situated at Singirihalli Village, Pappireddipatti Taluk, Dharmapuri District.

3. It is submitted by the learned counsel for the petitioner that petitioner 2/6

has given representations dated 10.06.2024 and 22.07.2024 to the respondents 1 to 3, seeking to rectify the mistake and make correction in the Field Measurement Book (FMB) as well as cancel the Patta and new Sub-Division issued to the respondents 4 and 5 in respect of the subject property. However, till date petitioner's representations were not considered by the respondents 1 to 3. Hence, the present writ petition.

4. At the outset, it is submitted by Mr.A.Selvendran, learned Special Government Pleader for the respondents 1 to 3 that the above representations submitted by the petitioner would be considered and appropriate orders would be passed within a time frame to be fixed by this Court, which was agreed to by the learned counsel for the petitioner.

5. In view of the limited relief that is prayed, this Court is inclined to dispose of this writ petition and accordingly, this writ petition is disposed of with following directions:- i) The official respondents shall consider the representations, after issuing notice and affording a reasonable opportunity of hearing to the petitioner, 4th and 5th respondents and all other interested parties including rival claimants, if any. ii) Though facts have been set out extensively in the affidavit, in view of 3/6

the limited relief that is sought to be granted, I do not propose to examine the same, lest it may influence the authority. The authority shall independently consider the facts and law set out in the representations and pass appropriate order in accordance with law including but not limited to the provisions of the Tamil Nadu Patta Pass Book Act and Rules.

iii) The petitioner's representations dated 10.06.2024 and 22.07.2024 shall be disposed of within a period of 16 weeks from the date of uploading of web copy without waiting for the receipt of certified copy. iv) It is made clear that this Court has not expressed any views with regard to the merits of the matter and it is open to the concerned official respondent to consider the matter on its own merits and in accordance with law. Rights and contentions of the petitioner, 4th and 5th respondents and all other interested parties are left open. No costs.

28.07.2025 Speaking (or) Non Speaking Order arb To 4/6

1.The District Collector, Dharmapuri, Dharmapuri District.

2.The Revenue Divisional Officer, Harur, Dharmapuri District.

3.The Thasildar, Pappireddipatti, Dharmapuri District.

5/6

MOHAMMED SHAFFIQ, J.

arb 28.07.2025 6/6