R MUNIAN Vs. ASSISTANT COMMISSIONER FOR URBAN LAND

JUDGEMENT

(1.) The petitioner has filed this writ petition praying for issuance of a writ of certiorari,in calling for the records of the respondent in his proceedings ref.No.Na.Ka.1806/97/A dated 22.9.1997 by declaring the petitioners lands in S.No.24/3 and 24/4 measuring 14 cents and 27 cents as surplus lands under the provisions of Tamil Nadu Urban Land(Ceiling and Regulations) Act 1978 as amended and to quash the same.

(2.) The petitioners are the legal heirs of deceased I.Ramachandra Naicker of Okkiam-Thuraipakkam Village in Saidapet Taluk, Chengalpattu District. The said Ramachandra Naicker expired in the yeyayr 1975. According to the petitioners, their maternal great grand mother Muniammal in the year 1941 purchased an agricultural land of an extent of 14 cents in Survey No.24/3A situated in Okkiam-Thuraipakkam Village from one N.L.Chinnakkannu Naicker of Okkiam-Thuraipakkam Village as per sale deed dated 22.4.1941 bearing Document No.662/1941 registered in the office of the Sub Registrar, Saidapet Taluk Chengleput District. Subsequently, after the demise of said Dhanammal, the property was owned, possessed and enjoyed by her daughter one Dhanammal and later after demise, the son of Dhanammal, viz., I.Ramachandra Naicker, the father of the petitioners 1 to 4 and the husband of the 5th petitioner were in exclusive ownership and possession of the aforesaid property.

(3.) Added further, petitioners 1 to 3 ,are the owners of agricultural land of an extent of 27 cents in survey No.24/4 situated at Okkiam Thuraippakkam Village and they obtained the same by means of a settlement deed dated 27.3.1967 executed by Dhanammal, grand mother of the petitioners 1 to 3, since the petitioners 1 to 3 minors at the time of execution of the settlement deed dated 27.3.1967, their father Ramachandra Naicker,looked after the properties, cultivated the land, paid kists , enjoyed the propertes as joint family property.