Shabash Khan T v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.06.2025

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY T.Shabash Khan ... Petitioner Vs.

1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Revenue Divisional Officer, Tirunelveli District, Tirunelveli.

3.The Tahsildar, Kandiyaperi Taluk, Tirunelveli District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the second and third respondents to consider the petitioner's representation dated 08.02.2025 within the time stipulated by this Court.

For Petitioner : Mr.I.Saliyakhan For Respondents : Mr.D.Sasikumar Additional Government Pleader 1/4

ORDER

This Writ Petition is filed seeking Writ of Mandamus, directing the second and third respondents to consider the petitioner's representation dated 08.02.2025 within the time stipulated by this Court.

2. The contention of the petitioner is that the land in question belonged to one Late.Peer Mohamed Abdul Kadhar. After his demise, his two sons and a daughter have divided the property themselves and have executed a unregistered sale deed. According to the petitioner, the legal heirs of the said Late.Peer Mohamed Abdul Kadhar have executed a registered Othi deed of the above said land to one Masthan Shahib on 05.02.1970. Thereafter, the said Masthan Shahib, on 17.02.1975 executed a registered Othi deed in favour the father of the petitioner namely Tippu Sultan Shahib. Since that time, the petitioner's parents were in possession and enjoyment of the property. The petitioner claims that by an unregistered document dated 15.02.2008, the land was allotted to him, his brothers and sister. But the revenue record stands in the name of one Hira Khan. Hence, the petitioner made representation to the respondents to remove the name of Hira Khan and to register the name of the petitioner, his brothers and sister. Since the same was not considered, the present writ petition came to be filed.

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3. Learned Additional Government Pleader appearing for the respondents would submit that the petitioner's request would be considered by conducting enquiry within the time stipulated by this Court.

4. In view of the above submission, this Court directs the third respondent to issue notice to the petitioner, the said Hira Khan and other interested parties, conduct enquiry and pass orders in accordance with law within a period of eight weeks from the date of receipt of a copy of this order.

5. With this direction, this Writ Petition is allowed. No costs. 04.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No pnn 3/4

S.SRIMATHY, J.

pnn 1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Revenue Divisional Officer, Tirunelveli District, Tirunelveli.

3.The Tahsildar, Kandiyaperi Taluk, Tirunelveli District.

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