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Madras High CourtWP(MD)/7313/2025allowed

Sebasthiyan v. The District Collector

2025-08-08Honourable Mrs Justice S.Srimathy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.08.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY Sebasthiyan ... Petitioner vs.

1. The District Collector, Collectorate, Dindigul District, Dindigul.

2. The Revenue Divisional Office, Er, O/o. the Revenue Divisional Office, Kodaikanal, Dindigul District.

3. The Tahsildar, Taluk Office, Kodaikanal, Dindigul District.

4. The District Registrar, Office of the District Registrar, Dindigul, Dindigul District.

5. The Sub Registrar, Office of the Sub Registrar, Kodaikanal, Dindigul District.

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6. Xavier Packiyaraj,

7. Vinoth Arockiya Dass,

8. Mahendran,

9. Meenambigai

10. Rajeev Chandiran ,

11. Sabitha Rajeev,

12. Anitha,

13. Halith Ahamed ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the 5th respondent to cancel the settlement deed executed by the petitioner in favour of the respondent 6 and 7 and subsequent documents which is stood in - favour of respondents 8 to 13 as void, non- est in the eye of law. Based on the order passed by the this Court in W.P.(MD).No. 31344 of 2024 dated 04.02.2025 and further directing the 5th respondent to remove all the entries in the respect of the property in survey No. 49, block 24, ward B, Iruthayapuram, Shenbaganur, Kodaikanal Town, Kodaikanal with the extent of 0.26 hectares(64 cents), restrain the consequential registration by the 5th respondent.

For Petitioner : Mr. U.Antony Santhosh For R1 to R5 : Mr.G.Suriya Ananth Additional Government Pleader

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Mandamus, to direct the 5th respondent to cancel the settlement deed executed by the petitioner in favour of the respondent 6 and 7 and subsequent documents 2/5

which is stood in - favour of respondents 8 to 13 as void, non- est in the eye of law. Based on the order passed by the this Honourable Court in W.P.(MD).No. 31344 of 2024 dated 04.02.2025 and further directing the 5th respondent to remove all the entries in the respect of the property in survey No. 49, block 24, ward B, Iruthayapuram, Shenbaganur, Kodaikanal Town, Kodaikanal with the extent of 0.26 hectares(64 cents), restrain the consequential registration by the 5th respondent.

2. This Court without expressing any opinion on merits is directing the official respondents to consider the petitioner's claim, and pass orders in accordance to law within a period of four weeks from the date of receipt of a copy of this order.

3. With the above observations, this Writ Petition is allowed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

08.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes Ksa 3/5

To

1. The District Collector, Collectorate, Dindigul District, Dindigul.

2. The Revenue Divisional Office, Er, O/o. the Revenue Divisional Office, Kodaikanal, Dindigul District.

3. The Tahsildar, Taluk Office, Kodaikanal, Dindigul District.

4. The District Registrar, Office of the District Registrar, Dindigul, Dindigul District.

5. The Sub Registrar, Office of the Sub Registrar, Kodaikanal, Dindigul District.

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S.SRIMATHY , J.

Ksa ORDER MADE IN DATED : 08.08.2025 5/5