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2021 Supreme(Mad) 329

V.PARTHIBAN
M. Velayutham – Appellant
Versus
State of Tamilnadu, Represented by its Secretary to Government, Chennai – Respondent


Advocates Appeared:
For the Petitioners:T. Lenin Kumar, Advocate.
For the Respondents: C. Ramesh, Special Government Pleader.

JUDGMENT :-

(Prayer: Petition filed under Article 226 of the Constitution of India seeking a Writ of Certiorarfieid Mandamus, to call for the records relating to the impugned order of the third respondent passed in his proceedings 161/2020/A2 dated 23.06.2020 and quash the same as illegal, consequently to forbear the respondents from interfering with the petitioners' peaceful possession and enjoyment of the property comprised in Survey No.468/1B measuring about 1.27 acres at Keelaveeraraghavapuram, Palayamkottai Taluk, Tirunelveli District by invoking the provisions of the Urban Land Ceiling Act, 1978, as repealed Act 20 of 1999.)

1. The case of the petitioners is that the property measuring about 8.29 acres comprised in S.No.468/1 situated at Keelaveeraragavapuram, Palayamkottai Taluk, Tirunelveli District belonged to one Chellaiya Thevar and Sankara Thevar. They partitioned the said property along with other properties among themselves through a valid partition deed, dated 17.09.1951 in Doc.No. 3277/1951. Both Chellaiya Thevar and Sankara Thevar have been in enjoyment and possession of the property without any hindrance.

2. On 15.02.1988 Sankara Thevar died leaving behind his wife,

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