M. VELAYUTHAM Vs. STATE OF TAMILNADU

JUDGEMENT

(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, Vishalakshi, and his sons Muthukumarasamy, Veerapandiyan, Chinnathambi, Shanmugasundaram and his daughters Maragatham and Gandhiamathi, as his legal heirs. After the demise of the said Sankara Thevar, his legal heirs had been in possession and enjoyment of the property. After partition, the land was also sub divided into S.No.468/1A and S.No.468/1B. According to the petitioners, the property belonged to Chellaiyar Thevar was in S.No.468/1A and Sankara Thevar was in S.No.468/1B.

(3.) In the meanwhile, the second respondent had issued a draft declaration under Section 7(2) of the Urban Land Ceiling Act, 1978 (for brevity, 'the Act") seeking to declare the land measuring about 18300 sq.mtrs in S.Nos.468/1 as surplus land. Out of which, Sankara Thevar's property measuring about 5140 sq.mtres in S.No.468/1B also came to be declared as surplus. The remaining extent belonging to Chellaiya Thevar was also brought under the Act. According to the petitioners, despite the fact that the properties had been sub divided, the second respondent had considered both the properties together and declared the land being surplus under the provisions of the Act.