Madras High CourtWP(MD)/23130/2021disposed of

Nishad Charles v. The District Collector

2023-11-23Honourable Mr Justice N. Anand Venkatesh4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.11.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD)No.23130 of 2021 and W.M.P.(MD)No.19578 of 2021 Nishad Charles

...Petitioner

/Vs./ 1.The District Collector, The District Collectorate Campus, Kanyakumari-627009, Kanyakumari District.

2.The District Revenue Officer, The District Collectorate Campus, Kanyakumari-627009, 3.The Revenue Divisional Officer, Padmanabhapuram-629175, 4.The Tasildhar, Kalkulam Taluk at Thuckalay,

...Respondents

PRAYER:- Petition - filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 3rd respondent Revenue Divisional Officer to effect forthwith necessary mutation in the Revenue Records and issue Patta in the name of the petitioner with respect to the land at Re-Survey No. 1/4

A4-115 (Old Survey No.2513), Thuckalay Village, Kanyakumari District as per the Judgement and Decree passed by the Court of the Sub Ordinate Judge, Padmanabhapuram, Kanyakumari District in A.S.No. 80 of 1971 dated 11.07.1973 confirming the Judgement in O.S. No. 110 of 1968 dated 08.02.1971.

For Petitioner : Mr.I.G.Ivyn for M/s.Isaac Chambers For Respondents : Mr.A.K.Manikkam Special Government Pleader

ORDER

This writ petition has been filed for issuance of writ of mandamus, directing the respondents and in particular, the fourth respondent to make necessary mutation in the revenue records and to issue patta in the name of the petitioner with respect to subject property by taking note of the judgment and decree passed in Sub Court, Padmanabhapuram in AS No.80 of 1971 dated 11.07.1973, whereby the judgment and decree passed in OS No.110 of 1968 dated 08.02.1971 was confirmed.

2. Heard Mr.I.G.Ivyn, learned counsel appearing for the petitioner and Mr.A.K.Manikkam, learned Special Government Pleader appearing for the respondents.

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3. Taking into consideration the facts and circumstances of the case and also the materials that were placed before this Court, there shall be a direction to the fourth respondent to deal with the representation made by the petitioner on 20.09.2019 and pass orders on its own merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. If there are any other interested parties, notice shall also be issued to them before final orders are passed. The petitioner is directed to make a fresh representation to the fourth respondent along with all the necessary documents and also a copy of this order.

4. This writ petition is disposed with the above directions. No costs. Consequently, connected miscellaneous petition is closed. 23.11.2023 NCC : Yes/No Internet :Yes/No Index :Yes/No sm TO:- 1.The District Collector, The District Collectorate Campus, Kanyakumari-627009, Kanyakumari District.

2.The District Revenue Officer, The District Collectorate Campus, Kanyakumari-627009, 3/4

N.ANAND VENKATESH, J.

sm 3.The Revenue Divisional Officer, Padmanabhapuram-629175, 4.The Tasildhar, Kalkulam Taluk at Thuckalay, Order made in W.P.(MD)No.23130 of 2021 Dated:

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