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Lincy vs The District Collector

Madras High Court|09 November, 2017

JUDGMENT / ORDER

This writ petition is filed seeking a writ of Mandamus to direct the respondents to effect mutation in revenue records in favour of the petitioner, in respect of the property comprised in Re-Survey No.152, Kalkulam Village and also to make sub division of the said property, based on his representation, dated 27.07.2016.
2.Heard both sides.
3.The case of the petitioner is that he obtained 10s cents in Survey No.79/7, 4 cents in Survey No.82/6, 3 acres in Survey No.152, 20 cents in Re.Survey No.22/2 and 4+ cents in Re.Survey No.773/1 in Kalkulam Village, vide Judgment and decree dated 16.03.2011, passed in O.S.No.573 of 2010, by the Principal District Munsif Court, Kuzhithurai and he was in possession and enjoyment of the same. He made a representation dated 27.07.2016 to the second respondent seeking to effect mutation in revenue records in respect of the property comprised in Re.Survey No.152 and also to make sub division of Re-Survey No.152. Since the same has not been considered so far, the petitioner is before this Court.
4.The learned counsel for the petitioner would submit that it would be suffice, if the representation of the petitioner dated 27.07.2016, is disposed of by the second respondent as per law.
5.Considering the limited scope of the relief sought for, this Court, without going into the merits of the petitioner's claim, directs the second respondent to consider the representation of the petitioner dated 27.07.2016, and pass appropriate orders on its own merit and in accordance with law, after affording due opportunity of hearing to the petitioner so as to place all the connected records for consideration as well as any of the interested parties, within a period of six weeks from the date of receipt of a copy of this order.
6.The writ petition is disposed of as above. No costs.
To
1.The District Collector, Kanyakumari District, Nagercoil.
2.The Thasildar, Kalkulam Taluk, Thuckalay, Kanyakumari District.
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Title

Lincy vs The District Collector

Court

Madras High Court

JudgmentDate
09 November, 2017