AMMANNI K C Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) The present writ petition is filed by the widow and children of late Sri T.C.Markose. According to the petitioners, the husband of first petitioner and father of petitioner nos. 2 and 3 namely T.C.Markose was granted 3 acres 95 cents in Sy.No.176/1-E pursuant to an order dated 26.8.1996 passed by the Tahsildar, Puttur under Dharkath which according to him was in his possession, cultivation and enjoyment.

(2.) When things stood like that, there is an attempt to usurp the grant which is made in favour of late Sri T.S.Markose by filing an application by third respondent and other members of his family. It is considered in his favour with reference to the same survey number where the first petitioner's husband and father of second and third petitioners namely Sri T.C.Markose was in possession, cultivation and enjoyment after getting the said extent granted in his favour.

(3.) The grant which is said to have been made in favour of third respondent-George Abraham was the subject matter of challenge by T.C.Markose in CDS:REC:SR:40:2000-2001 on the file of Assistant Commissioner, Puttur. It is stated that when the said proceedings were pending, said T.C.Markose died leaving behind him petitioners 1 to 3 herein and another lady by name T.M.Mariyamma who is stated to be daughter of T.C.Markose who pursued the proceedings against third respondent-George Abraham.