R.RAJAVENI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The writ on hand has been instituted to quash the impugned notification issued by the Government in G.O.Ms.No.3594, Revenue Department, dtd. 14/10/1974 issued by the 1st Respondent and subsequent impugned proceedings issued by the 4th Respondent in proceedings dtd. 26/9/2019 and to direct the respondents 1 to 5 to restore the names of the petitioners in revenue records including Patta, Chitta, Adangal etc., in respect of the land in S.Nos.266/2, 267/2 and 268/2 Ponneri Village, Udumalpet Taluk, Tiruppur District to an extent of 16.86 acres. PETITIONER'S CASE:

(2.) The 1st petitioner is wife of the Late Thiru.G.Ramasamy Naicker and mother of the petitioners 2 and 3. The petitioners state that they are the owners of the land at property comprised in S.No.266/2, 267/2 and 268/2 Ponneri Village, Udumalpet Taluk, Trippur District to an extent of 16.86 acres.

(3.) The petitioners state that the subject property originally belonged to Thiru.Jangama Naidu. The said Jangama Naidu had executed a settlement deed in favour of Late Thiru. G.Ramasamy Naicker in Document No.344 of 1959 dtd. 18/2/1959 on condition that the property will remain as 'Life Estate' to G.Ramasamy Naicker and after his demise, the property will be passed on to his legal heirs and in the absence of any legal heirs, the property will be returned to the executants or their legal heirs. Thus, it was a conditional settlement made in favour of Late Thiru. G.Ramasamy Niacker. He will be the limited owner only to enjoy the property till his life time and thereafter it will be transferred to his legal heirs. There was no right of alienation conferred on the said G.Ramasamy Naicker.