Madras High CourtWP(MD)/16539/2017disposed of

Soosai Fredy v. The District Collector

2017-09-01Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.09.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD)No.16539 of 2017 and W.M.P(MD)No.13176 of 2017 Soosai fredy ... Petitioner Vs.

1. The District Collector, Kanyakumari District, at Nagercoil.

2. The Revenue Divisional Officer, Padmanabhapuram, Thuckalay, Kanyakumari District.

3. The Tahsildar, Vilavancode Taluk, Kuzhithurai, Kanyakumari District.

... Respondents PRAYER:

Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing respondents to remove the wrong entries of R.S.No.329/5A and 329/5B in the FMB Sketch of our property comprised in R.S.No.329/5C, Ezhudesom C.Village, Vilavancode Taluk, Kanyakumari District admeasuring 1 Acre.

For Petitioner : Mr.C.K.M.Appaji For Respondents : Mr.C.Selvaraj Spl. Govt. Pleader

O R D E R

The petitioner seeks for a direction to the respondents to remove the wrong entries of R.S.No.329/5A and 329/5B in the FMB Sketch of our property comprised in R.S.No.329/5C, Ezhudesom C.Village, Vilavancode Taluk, Kanyakumari District admeasuring 1 Acre.

2.Mr.C.Selvaraj, learned Special Government Pleader takes notice for the respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself. https://hcservices.ecourts.gov.in/hcservices/

3.According to the petitioner, his father purchased 1 Acre in S.No.1601 B, 1601-14, R.S.No.329/5C, Ezhudesom C.Village, Vilavancode Taluk, Kanyakumari District. After his demise, the petitioner and his mother and sisters have inherited the properties.

4.The grievance of the petitioner is that the properties of the petitioner have been wrongly included with R.S.No.329/5A and 329/5B, in which, the petitioner has no right. Hence, a representation was given on 11.02.2017 to remove the wrong entries. Since no action was taken, the present writ petition. 5.Considering the limited scope of the prayer sought for by the petitioner, this Court, without going into the merits of the matter, directs the third respondent to consider the representation of the petitioner dated 11.02.2017 and pass appropriate orders on merits and in accordance with law, after providing opportunity to all necessary parties, within a period of twelve weeks from the date of receipt of a copy of this order. 6.With the above direction, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-II) /True copy/ Sub Assistant Registrar To

1. The District Collector, Kanyakumari District, at Nagercoil.

2. The Revenue Divisional Officer, Padmanabhapuram, Thuckalay, Kanyakumari District.

3. The Tahsildar, Vilavancode Taluk, Kuzhithurai, Kanyakumari District.

+ 1 CC TO MR.C.K.M.Appaji, ADVOCATE IN SR No.75817 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No.76682 skn MK/KP/SAR-4/2P/6C/21.09.2017 W.P.(MD)No.16539 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 01.09.2017