LAWS(MAD)-2018-1-1078

ANTHONY ALEX Vs. DISTRICT COLLECTOR AND OTHERS

Decided On January 10, 2018
Anthony Alex Appellant
V/S
DISTRICT COLLECTOR AND OTHERS Respondents

JUDGEMENT

(1.) By consent, the Writ Petitions itself are taken up for final disposal.

(2.) Mr. V.R. Shanmuganathan, learned Special Government Pleader accepts notice on behalf of the respondents.

(3.) The petitioner, in the affidavit filed in support of these writ petitions, would aver among other things that the landed property admeasuring to an extent of 4 cents compromised in Resurvey No.2/2 of Viraganur Village, was originally owned by Ayyanar Ambalam and he purchased of the said property through two sale deeds dated 13.07.1953 and 16.08.1957 respectively and after his demise, his son viz., Durairaj had succeeded to the said estate and he in turn sold the property through a registered sale deed, bearing document No.3146/1990, dated 06.08.1990. Mariyakulanthai, grandfather of the petitioner, who had said to be purchased the said property from Durairaj, was in possession and enjoyment of the same and also put up a superstructure and other temporary structure and after his demise, his legal heirs succeeded to the said estate. The petitioner is the son of one of the daughters of Mariyakulanthai viz., Victoriyamary and it is the specific case of the petitioner that all the legal heirs are joint owners and without effecting any partition, all of them are in joint possession and enjoyment of the same and the superstructure put up by them is also subjected to the statutory livelihood.