M PALLAYYA NAICKER Vs. DISTRICT REVENUE OFFICER

JUDGEMENT

(1.) The Petitioner in W.P.(MD). No. 10719 of 2007 is the daughter-in-law of one Tmt. Subbammal and the third Respondent is the daughter of one Tmt. Guruvammal. Tmt. Subbammal and Tmt. Guruvammal are the daughters of one Thiru. Shanmugasundara Thevar. The land in Survey No. 237 covering an extent of 10 cents, T.N. Pudhukudi Village, Sivagiri Taluk, Tirunelveli District belong to Shanmugasundara Thevar by virtue of the sale deed, dated 15.09.1928. In the year 1959, a partition was entered into between the members of Thiru. Shanmugasundar Thevar by a partition deed, dated 30.03.1959 and the same was registered in the Sub Registrar Office, Puliyangudi. The said document contains 11 Schedule.

(2.) According to the third Respondent, 10 cents in S. No. 237 mentioned in the 11th schedule was allotted to the father of the third Respondent in the partition deed, who is the husband of Tmt. Guruvammal. According to the third Respondent, while 10 cents is a private property, the same was also classified as 'Manthai Poramboke' in revenue records. According to her, while S. No. 237 shows that 74 cents as 'Manthai Poramboke', the afore-said land of 10 cents forming part of the 74 cents is wrongly classified as 'Manthai Poramboke'.

(3.) The third Respondent made representations to the first Respondent to correct the error in the revenue records by correctly classifying her land as 'grama natham'. The first Respondent directed the Assistant Settlement Officer to conduct survey and find out the truthfulness of the complaint made by the third Respondent. Accordingly, the Assistant Settlement Officer has conducted survey and submitted a report on 31.05.2005 stating that 10 cents in S. No. 237 is a private land and it could not be classified under 'Manthai Poramboke'.