Sebasthian v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.07.2025
CORAM:
THE HON'BLE MR JUSTICE S.SOUNTHAR Sebasthian ... Petitioner .Vs.
1.The District Collector, Dinidigul District.
2.The Revenue Divisional Officer, Office of the Revenue Divisional Office, Dindigul, Dindigul District.
3.The Tahsildar, Dindigul East Taluk, Dindigul, Dindigul 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 respondents to remove the name of Petitioner's brother Savarimuthu's son namely Jeyaraj in Patta No.3 and restore the same in Petitioner's father's name Anthony, son of Anthony in respect of the land in S.No.72/2A5 and 73/2 to an extent of 0.14.0 ares situated at Emakkalapuram Village Dindigul East Taluk, Dindigul District on the basis of the Petitioner's 1/6
representation, dated 12.3.2025 and 26.5.2025. For Petitioner : Mr.K.Asok Kumar Ram For Respondents : Mrs.K.Malathi 1 to 3 Addl.Govt. Pleader
O R D E R
The Petitioner herein seeks a direction to the respondents to remove the name of his brother Savarimuthu, son of Jeyaraj pertains to the land in S.No.72/2A5 and 73/2 to an extent of 0.14.0 ares situated at Emakkalapuram Village, Dindigul East Taluk, Dindigul District by considering the Petitioner's representation, dated 26.5.2025.
2.Mrs.K.Malathi, learned Additional Government Pleader takes notice for the respondents 1 to 3. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.
3.According to the Petitioner, the above said property was purchased by the Petitioner's father Anthony under document, dated 24.1.1973. After the death of the Petitioner's father, patta was wrongly issued in favour of Petitioner's brother's son Jeyaraj excluding the other legal heirs of Anthony. Therefore, the 2/6
Petitioner submitted a representation on 26.5.2025 seeking cancellation of patta issued in the name of Jeyaraj, son of Savarimuthu and for restoration of the same in the name of Anthony's legal heirs namely, Royappan, Sebasthian and Savarimuthu and the same has not been considered till date. Hence, the Petitioner has come before this Court with the present Writ Petition for the relief stated supra.
4.Mrs.K.Malathi, learned Additional Government Pleader who takes notice for the respondents 1 to 3 would submit that the representation submitted by the Petitioner will be considered on its own merits within the time stipulated by this Court. 5.In view of the same, without expressing any opinion on the merits of the matter, the second respondent is directed to consider the representation of the Petitioner, dated 26.05.2025 and pass final orders on its own merits after issuing notice to the Petitioner, above said Jeyaraj, son of Savarimuthu and other legal heirs of Anthony, within a period of 12 weeks from the date of a copy of this order.
6.With the above directions, the Writ Petition stands disposed of. No costs.
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07.07.2025 NCS : Yes/No Index : Yes / No Internet : Yes / No vsn To 1.The District Collector, Dinidigul District.
2.The Revenue Divisional Officer, Office of the Revenue Divisional Office, Dindigul, Dindigul District.
3.The Tahsildar, Dindigul East Taluk, Dindigul, Dindigul District.
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S.SOUNTHAR.,J.
vsn ORDER MADE IN 5/6
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