GOVINDAMMAL Vs. DISTRICT MAGISTRATE/DISTRICT COLLECTOR

JUDGEMENT

(1.) By consent, the writ petition is taken up for final disposal. Mr. Mr. R. Vijayakumar, learned Additional Government Pleader accepts notice on behalf of the 1st respondent.

(2.) The petitioner is the mother of the 4th respondent herein and she is one of the Directors of the 3rd respondent/Company - borrower. The petitioner would state that her husband Mr. Arunachala Gounder, died intestate on 29. 11. 1972 and after his demise, the 4th respondent herein - her daughter filed a suit in OS. No. 8/1990 on the file of the Court of Subordinate Judge, Tirupur at Coimbatore against the petitioner herein and other legal heirs for partition and separate possession and vide Compromise, the final decree came to be passed on 29. 06. 1990.

(3.) According to the petitioner, as per the said Final Decree dated 29. 06. 1990, originally she had an extent of 0. 65 and half acres of land and the 4th respondent had an extent of 1 acre of land, as per the Rought sketch annexed to the said judgment and decree. The petitioner would further aver that 0. 23 and half acres and 1 acre of land belong to her as well as the 4th respondent herein, are adjacent lands. She would also aver that on 13. 02. 2003, she sold a portion of the land admeasuring to an extent of 0. 23 and half acres of land out of 0. 65 and half acres and the 4th respondent had sold 28. 85 cents of land out of 1 acre to Tvl. K. M. Thangaraj and K. M. Subramanian, vide registered Document No. 89/2003 registered on the file of the office of the Sub Registrar [Joint], Tirupur and after the sale, her daughter-4th respondent herein, was in possession of 68 1/2 acres of land.