Disposed

Hasan Feroz v. The Settlement Officer-I

Madras HC6 Sept 2021WP/18635/2021

Case brief

AI extract

What is this about?

In this writ petition under Article 226, the Madras High Court directed the Settlement Officer to dispose of a pending petition within three months to correct erroneous entries in the Settlement Registrar regarding the petitioner's properties, without expressing an opinion on the merits of the title dispute.

What did the court decide?

Direction to the respondent to dispose of the petition dated 22.03.2019 within three months in accordance with law after affording sufficient opportunity to the petitioner.

Hasan Feroz Vs The Settlement Officer-I — Land Acquisition | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 06.09.2021

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CORAM:

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 THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN

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W.P. NO.18635 OF 2021

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Hasan Feroz

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... Petitioner

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-Vs-

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The Settlement Officer-I,
Directorate of Survey and Land Reforms,
Puducherry.

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... Respondent

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PRAYER: This Petition is filed under Article 226 of the
Constitution of India, praying for the issue a Writ of Mandamus,
directing the respondent to dispose of the petition dated
22.03.2019 in accordance with law with regard to making
corrections in the entries made in the Settlement Registrar on
the file of the Respondent in respect of the Petitioner
properties comprised in Cadastre No.1314 BIS in R.S. No.151/3A &
151/2B admeasuring an extent of 18 Kuzhies and 2 Veesam situated
at Pillaichavadi Village, Oulagaret Municipality, Puducherry,
within the time frame that may be fixed by this Hon'ble Court
and pass orders accordingly.

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For Petitioner :: Mr.R.Nandhakumar

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For Respondent-1 :: Mrs.V.Usha
 (Addl. Government Pleader)
 Puducherry.

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 ORDER

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The relief sought for in this writ petition is for a
direction to the respondent to dispose of the petition dated
22.03.2019 in accordance with law with regard to making
corrections in the entries made in the Settlement Registrar on
the file of the Respondent in respect of the Petitioner
properties comprised in Cadastre No.1314 BIS in R.S. No.151/3A &
151/2B admeasuring an extent of 18 Kuzhies and 2 Veesam situated
at Pillaichavadi Village, Oulagaret Municipality, Puducherry,
within the time frame that may be fixed by this Court and pass
orders accordingly.

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https://hcservices.ecourts.gov.in/hcservices/

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2.The learned counsel for the petitioner would submit
that the Petitioner become the owner of the subject property
comprised in Cadastre No 1314 BIS in R.S.No.151/3A & 151/2B
admeasuring an extent of 18 Kuzhies and 2 Veesam, situated at
Pillaichavadi Village, Oulagaret Municipality, Puducherry by
virtue of Hibba (Gift) Post Declaration deed dated 06.09.2008,
executed by his father MOHF Shajahan. Originally one
Govindasamy Gounder, Muthu Krishna Gounder & others were the
absolute owners of the subject property. In the year 1976, one
Alamelu have purchased the subject property for valuable
consideration through registered sale deed dated 10.12.1976
bearing document No.725/1976. Thereafter, in the year 1989, the
petitioner's father MOHF. Shajahan, have purchased the subject
property from the said Alamelu for a valuable consideration
through registered sale deed dated 05.07.1989 bearing document
No.1922/1989.

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3. It has been further submitted that the Petitioner came
to understand that during re-survey of the subject properties
and other properties situated adjacent to it, instead of the
name of the original owners as per the above sale deeds for the
subject properties, it has been wrongly, erroneously and
mistakenly entered in the name of one Mr.Subbarayan in
Settlement Register maintained by the Respondent. Therefore, the
Petitioner made a petition dated 22.03.2019 before the
Respondent seeking to correct the above mistakes made in entries
in the Settlement Register in respect of the subject property.
On receipt of the above petition no action was taken by the
Respondent till date. Hence the petitioner is left with no other
alternative remedy except to approach this Court by invoking
under Article 226 of the Constitution of India to direct the
respondent to dispose of the petition dated 22.03.2019 filed by
him. Hence, this writ petition.

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4. The learned Additional Government Pleader (Pondy)
appearing for the respondent would submit that the respondent
may be directed to dispose of the petition dated 22.03.2019
filed by the petitioner within a time frame as fixed by this
Court.

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5. Heard the learned counsel for the petitioner and the
learned Government Advocate (Pondy) for the respondent as well
as perused the material available on records.

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6. Having considered the facts and circumstances of the
case and submissions made by the learned counsel on either side,
without expressing any opinion with regard to merits of the
case, the respondent is directed to dispose of the petition
dated 22.03.2019 filed by the petitioner herein within a period
of three months from the date of receipt of copy of this order

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https://hcservices.ecourts.gov.in/hcservices/

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in accordance with law after affording sufficient opportunity to
the petitioner.

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7. With the aforesaid directions, this Writ petition is
disposed of. Consequently, connected miscellaneous petition is
closed if any. There shall be no order as to costs.

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Sd/-
Assistant Registrar(CS-II)

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// True Copy //

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Sub Assistant Registrar

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Lbm

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To:
The Settlement Officer-I,
Directorate of Survey and Land Reforms,
Puducherry.

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+1cc to the Additional Public Proseuctor, Puducherry,
S.R.No.45605

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+2ccs to Mr.R.Nandhakumar, Advocate, S.R.No.44735 & 44709

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W.P. No.18635 of 2021

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SJ(CO)
RLP(27/10/2021)

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https://hcservices.ecourts.gov.in/hcservices/

Hasan Feroz v. The Settlement Officer-I

Case brief

What is this about?

What did the court decide?

Hasan Feroz v. The Settlement Officer-I

Case brief

What is this about?

What did the court decide?

What the court decided

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