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1952 Supreme(Mad) 207

SUBBA RAO
Sethu Raja Gounder – Appellant
Versus
The Board of Revenue, Chepauk, Madras – Respondent


Advocates:
T.S. Vaidyanatha Aiyar for Petitioner.
V.P. Sarathy for the Government Pleader (P. Satyanarayana Raju) on behalf of the State.
S. Venkatakrishnan and K. Arunachala Sastri for 2nd Respondent.

Order.-

This is an application for issuing a writ of certiorari to quash the order of the Board of Revenue dated 28th April, 1952. One Kalappa Gounder was the last Miras Headman of Kilaveneri Village, Thirumangalam Taluk, Madurai District. He resigned his post on 16th October, 1945. The petitioner, the grandson of the said Gounder and who was alleged to be the adopted son of the said Kalappa Gounder, was registered to the office. In regard to the question whether the petitioner was the adopted son of Kalappa Gounder, there was litigation which finally ended in the High Court. The High Court held that he was not the adopted son of Kalappa Gounder. The second respondent, who is a minor, filed a Regulation Suit No.1 of 1950 claiming himself to be next heir of Kalappa Gounder and for his being registered as Headman. On 20th April, 1951, the Revenue Divisional Officer set aside the order registering the petitioner and passed orders that the second respondent should be registered in his place. The petitioner preferred an appeal to the Collector of Madurai. The Collector allowed the appeal holding that the suit filed by the second respondent was time-barred as the cause of action arose on
















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