P MAHADEVAN Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) THIS writ petition has been filed to call for the records relating to the impugned order of the fourth respondent dated 19.08.2010 in R.O.C.B3/SR39/04 and quash the same and consequently direct the respondents 3 to 5 to mutate the revenue records by entering the name of the petitioner instead of the second respondent.

(2.) ACCORDING to the petitioner, 68 cents of land in S.Nos.N3-4/11, N3-7/12 and N3-7/13A of Agastheeswaram Taluk, Nagercoil Village, belongs to him. The Government issued G.O.Ms.No.1213, Housing and Urban Development Department, dated 17.09.1991 under Section 4(1) of the Land Acquisition Act, for acquiring the land of the petitioner along with others, for constructing houses by the Tamil Nadu Housing Board. Thereafter, a declaration under Section 6 of the Land Acquisition Act was issued by G.O.Ms.No.854, Housing and Urban Development (L.A.II) (2) Department, dated 14.12.1992.

(3.) LEARNED counsel for the petitioner submits that in spite of the orders passed by this Court in W.P.No.21566 of 1994 dated 24.07.2002 and in W.A.No.1037 of 2003, dated 16.06.2006, the revenue authorities have not made mutation of records. He further submitted that, once the acquisition proceedings are quashed, the fourth respondent could not state that they require No Objection Certificate from the Housing Board for mutation of records.