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2010 Supreme(Mad) 1567

R.SUBBIAH
Ponni @ Kamala – Appellant
Versus
The Special Commissioner and Commissioner for Land Administration – Respondent


Advocates Appeared:
For the Petitioner:N. Damodaran, Advocate.
For the Respondents: R1 to R3 R. Murali, G.A., for R4, S.N. Kirubanandam, Spl.G.P.(F)- V. Bhiman for R5, R6 & R17 Sampathkumar Associates for R7 to R14 N.K. Sivakumar for R-15 died.

Judgment :

This writ petition is filed by the petitioners through their Power Agent, for the issuance of a writ of certiorarified mandamus, to call for the records pertaining to the classification and re-settlement of Survey No.41/1 of an extent of 3 hectare 63.0 ares equivalent to 8 acres 97 cents at No.82, Peramanur Village, Chengalpattu Taluk, Kancheepuram District under the UDR Scheme from the file of the 3rd respondent and quash the same and consequently to direct the 3rd respondent to issue patta to the petitioners and respondents 5 to 17 regarding their lands.

2. The case of the petitioners is that the dry land measuring to an extent of 8 acres 97 cents in S.No.41/1 in No.82, Peramanur Village, Chengalpattu Taluk, was originally owned by one late Ramasubbiah. The said property was gifted by the then British Government in the 19th century to the said Ramasubbiah along with Grama Mirasi rights. Ramasubbiah died in the year 1915 leaving behind his three sons, viz., Munusamyaiah, Venkatasubbiah and Venkataramaiah. After his demise, the said three sons partitioned the property among themselves as their absolute property. Due to various circumstances, the family, which was living











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