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M.Jeyaseelan vs The District Collector

Madras High Court|22 November, 2017

JUDGMENT / ORDER

This writ petition has been filed, seeking a direction to the Respondents 2 & 3 to consider the representation of the petitioner dated 05.10.2017 and not to make any changes in the Patta No.376 belonging to S.Nos.214/2 and 214/3 of Pachalur Village, Kodaikanal Taluk, Dindigul District till the disposal of O.S.75 of 2015, pending before the Kodaikanal District Munsif Court.
2. Heard the learned counsel on either side.
3. The case of the petitioner is that he obtained 69.5 cents of land from his brother on 24.03.2004 and subsequently, his brother sold another 10 acres and 60 cents in S.No.214 to him in front of the village elders vide an unregistered sale deed dated 25.11.2004. While so, his brother registered a settlement deed in favour of his daughter in respect of the very same property suppressing the earlier sale deed dated 25.11.2004. Aggrieved by such settlement, the petitioner filed a suit in O.S.No.75 of 2015 before the learned District Munsif Court, Kodaikanal and the same is pending. In the meanwhile, his brother made an application to the respondents to delete the petitioner's name from the Joint Patta No.376. Aggrieved by the same, the petitioner submitted a representation dated 05.10.2017 to the respondents and since there was no response on the representation, the petitioner is before this Court.
4. The learned Additional Government Pleader appearing for the respondents would submit that if a reasonable time is granted to the respondents, the representation of the petitioner will be considered and suitable orders passed.
5. In view of the above submission, this Court, without going into the merits of the matter, directs the respondents, especially R2 & R3 to consider the representation submitted by the petitioner dated 05.10.2017 and pass necessary orders thereon on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner and other interested parties, if any, by duly keeping in mind the pendency of O.S.No.75 of 2015 on the file of the learned District Munsif, Kodaikanal in respect of S.Nos.214/2 and 214/3 of Pachalur Village, Kodaikanal Taluk, Dindigul District.
6. With the above direction, this writ petition is disposed of.
To:
1. The District Collector, District Collectorate Office, Dindigul, Dindigul District.
2. The Revenue Divisional Officer, Revenue Divisional Office, Kodaikanal, Dindigul District.
3. The Tashildar, Tashildar Office, Kodaikanal, Dindigul District.
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Title

M.Jeyaseelan vs The District Collector

Court

Madras High Court

JudgmentDate
22 November, 2017