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2019 Supreme(Mad) 1290

SUBRAMONIUM PRASAD
N. Subramaniam – Appellant
Versus
District Revenue Officer, Additional District Magistrate, Namakkal – Respondent


Advocates Appeared:
For the Petitioners:N. Manokaran, Advocate
For the Respondents:B. Anand, Government Advocate, S. Mukunth for M/s. Sarvabhauman Associates, Advocates

JUDGMENT :

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of certiorarified mandamus to call for the records relating to the impugned order made in Na.Ka.No.31927-2012-01 dated 10/1/2013 passed by the first respondent, quash the same and consequently direct the respondents 2 and 3 to restore the original position in the Revenue records until the final partition between the sharers in the manner known to law.)

1. Petitioner claims that he is the owner of 1/6th share, measuring 73 cents, out of 4.41 acres, in S.F.No.32/1, and also the owner of 1/6th share, measuring 57 cents out of 3.46 acres, in S.F.No.32/2 of Vataparappu Village. Petitioner states that he has been in actual possession and enjoyment of the properties without any final partition among the other sharers. Father of the fourth respondent, viz., Late Karuppanna Gounder, had purchased an extent of common 1/3 share each, in SR.No.32/1 and SR.No.32/2, under a sale deed, dated 27/1/1970. Accordingly, he was in possession of the said common 1/3 share, thereafter, his son the fourth respondent continued to be in possession and enjoyment of the same. The petitioner stat


































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