DRAKSHARAPU RAGHAVULU Vs. DEPUTY COLLECTOR HEADQUARTERS KAKINADA

JUDGEMENT

(1.) This is a petition questioning the decision of the Collector East Godavary that the office of the villages barber in the village of G. Medapadu and Rajupalem in Kakinada Taluk devolved upon the 3rd respondent who is the only surviving male member of the family and as such the nearest heir to the last office holder, Simhachalam, who died a minor and unmarried. The relevant facts are these : The last adult male holder of the Office in question was one Pasalapudi Subbadu. He died leaving him surviving his minor son, Simhachalam, and his widow, Seshamma, and a daughter, Raghavulu, the 1st petitioner herein. The office in question devolved upon Simhachalam, who died a minor and unmarried in 1939. The Office then devolved on his mother, Seshamma, who died in 1962. Pasalapudi Subbadu's brother is the 3rd respondent. He instituted suits, S.S. Nos. and 2 of 1962 under sections 12 and 13 of the Madras Hereditary Village Offices Act (III of 1895) (hereinafter referred to as the Act) for recovery of emoluments attached to the barber service, viz., certain lands in Rajupalem and G. Medapadu villages of Kakfnada Taluk. The defendants in the suits are the petitioners, the 2nd petitioner being the husband of the first petitioner. The 2nd petitioner was Seshamma's deputy in Rajupalem village. The Revenue Divisional Officer dismissed the suits.

(2.) On appeal the Collector, East Godavary, decreed the suits reversing the decision o the Revenue Divisional Officer.

(3.) The present writ petition is filed impugning the said decision of the Collector on the ground that section 12 of the Act, which governs succession, has been wrongly interpreted.