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2014 Supreme(Mad) 3679

M.VENUGOPAL
A. Chellammal – Appellant
Versus
Revenue Divisional Officer, Padmanabhapuram, Thuckalay, Kanyakumari – Respondent


Advocates Appeared:
For the Petitioner:M. Suresh, Advocate.
For the Respondents:K. Mahesh Raja, Government Advocate.

JUDGMENT

M. VENUGOPAL, J.

1. The Petitioner has focussed the instant Writ of Mandamus praying for passing of an order by this Court in directing the 1st and 2nd Respondents to mutate the Revenue Records and issue Patta in her name and her children, to an extent of 1.250 cents of land in Re-Survey No. 156/3C2, Eraniel Village, Thuckalay Taluk, Kanyakumari District, based on his representation, dated 01.09.2014.

2. The Learned Counsel for the Petitioner urges before this Court that an extent of 1.250 cents of land in Re-Survey No. 156/3C2, Eraniel Village, Thuckalay Taluk, Kanyakumari District, absolutely belongs to her father-in-law Samikannu and her father-in-law had also died, during the year 1995. Her Husband viz. Ayyappan filed a Suit for partition in O.S. No. 457 of 1995, on the file of the Learned District Munsif, Eraniel, Kanyakumari District, against his two brothers viz. Gopalan and Patchaimal. After full contest, in the said Suit, a preliminary decree was passed on 07.02.1997. In fact, the trial Court, in the Preliminary Decree granted 1/3 shares to her husband and his two brothers in regard to Item Nos. 14 and 15 of the Suit scheduled properties.

3. That apart, the Petit






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