NAGALAKSHMI (DIED) Vs. SURVEY AND SETTLEMENT OFFICER

JUDGEMENT

(1.) The appellant is the son of the writ petitioner in W.P.No.40256 of 2016 and she made a challenge in the proceedings of the first respondent dated 19.09.2016 in and by which, the order / proceedings of the Assistant Settlement Officer (South), dated 29.06.2012 came to be set aside with a further direction to carry out amendment in the relevant records in favour of Kodaikanal Municipality.

(2.) The facts leading to the present litigation have been narrated in detail and in extenso the impugned order passed in the writ petition, which is subject matter of this appeal, and for the sake of brevity, it is unnecessary to restate the facts once again.

(3.) The writ petitioner in the affidavit filed in support of the writ petition would aver among other things that her husband Thiyagi. late S.SSenthilvel Servai was a freedom fighter and during his lifetime, a landed property comprised in Old Survey No.393, Town Survey No.66 in Ward 18, Kodaikanal Municipality, Dindigal District was assigned in his favour in the year 1942 under the French Land Town Planning Scheme and however, since the date of assignment, the writ petitioner would claim that her family members are in possession and enjoyment of the property and her husband had constructed a superstructure and obtained electricity connection etc., and in the remaining extent of the property is carrying on agricultural activities. It is further averred by the writ petitioner that her husband preferred an application to the second respondent to assign the above said land and it was favourably considered and a Resolution dated 12.09.1952, was passed followed by two other Resolutions dated 30.03.1959 and 18.02.1970 respectively, bearing Resolution Nos.298 and 303.