RAMPRASATH Vs. PRINCIPAL SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) The petitioner, in the affidavit filed in support of this writ petition, would aver among other things that the lands comprised in Old S.No.44, TS.Nos.32 and 38, in Block No.16, admeasuring to an extent of 2 Grounds and 1664 sq.ft., situate at Kottur Villge, then Mylapore- Triplicane Taluk, now Guindy Taluk, Chennai, were owned and possessed by one Elumalai Naicker who was in absolute possession and enjoyment of the same and he also perfected his title over the said land by prescriptive right.

(2.) According to the petitioner, the said lands were classified as ''Grama Natham'' [Village Site] in the revenue records. Elumalai Naicker died intestate leaving behind his sons, viz., Varadharaja Naicker and Balarama Naicker and the petitioner is the grandson of Balaraman Naicker. It is also the case of the petitioner that on the demise of Elumalai Naicker, the said property devolved upon Varadharaja Naicker and Balarama Naicker and it was partitioned among themselves vide Partition Deed dated 16.07.11944 bearing Doc.No.1374/1944 registered on the file of the office of the Sub Registrar, at Saidapet and in the said Partition Deed, a portion of the land was allotted in favour of Balarama Naicker and he continued to be in possession and enjoyment of the same.

(3.) Balarama Naicker died and on his demise, the father of the petitioner, viz., Thiru.Arivukadal, has succeeded the said estate along with other properties and on 25.03.2004, he expired leaving behind the mother of the petitioner, viz., Tmt.Pushpa, Ramprasad, petitioner herein, Jayashankar, Thiyagarajan and Gomathi as his legal heirs. The petitioner claims to have put up residential houses , also constructed three shops which are housing vegetable shop, beauty parlor and water vending business. It is further stated that his mother has settled property in favour of her sons, viz., Thiyagarajan, Ramprasad, petitioner and Jayashankar through registered Sale Deeds bearing Doc.Nos.3052, 3053 and 3054/2014 daed 24.12.2014 registered in favour of the office of the Sub Registrar, Adyar and the said properties were also subjected to statutory levies.