SUSEELA DEVI AMMAL Vs. AUTHORISED OFFICER LAND REFORMS

JUDGEMENT

(1.) THE Petitioners have filed the present Writ Petition praying for an issuance of Writ of Certiorari to call for the records from the 3rd Respondent/Tamil Nadu Land Reforms Special Appellate Tribunal, Chennai relating to M.P.No.145 of 1995 and Spl.R.P.No.27 of 1995 dated 28.08.1998 and to quash the order passed therein.

(2.) THE 3rd Respondent/Special Appellate Tribunal, Chennai, while passing orders in M.P.No.145 of 1995 and Spl.R.P.No.27 of 1995 dated 28.08.1998, has, among other things, observed that '... Long after the Land Reforms proceedings started against the first petitioner's holdings these three petitioners sought to transfer a portion of their property to the fourth party. Such a transfer is void under Section 22 unless it is protected by Section 21-A. THE Later Section giving an exemption to the normal rule has to be interpreted strictly. It is very clear from the facts of the case (as given in detail by the Land Tribunal in its judgment) this transfer is not covered by the provisions of Section 21-A since it is a matter of fact to be decided on evidence and resultantly, confirmed the order of the 2nd Respondent/Land Tribunal, Thanjavur in L.T.C.M.A.No.3 of 1993 dated 28.11.1994.

(3.) THE 1st Petitioner as against the order of the 1st Respondent/ Authorised Officer (Land Reforms) dated 08.02.1963 has filed C.M.A.61 of 1968 before the 2nd Respondent/Land Tribunal, Thanjavur and the same has been dismissed on 19.02.1970. THE 2nd Respondent/ Land Tribunal granted liberty to the 1st Petitioner to raise a point that the settlement might be construed as a trust and application of Section 6 must be considered at the time of conduct of an enquiry as per Section 10(5) of the Act. As against the order of the 2nd Respondent the Petitioners projected Civil Revision Petition 536 of 1970 before this Court and also filed C.M.P.No.1051 of 1971 to raise additional grounds. This Court has allowed the C.R.P.No.536 of 70 in part by holding that it is necessary in the interest of justice that the Authorised Officer should consider the recitals in the document and apply the provisions of Section 6 separating the interest of the family and to proceed to the ceiling area after the separation of such interest.