ANNALAKSHMI Vs. DISTRICT REVENUE OFFICER TRICHY

JUDGEMENT

(1.) This Writ Appeal arises out of order of the learned single Judge in , W.P. No. 7030 of 1993 dated 29.8.2000 allowing the writ petition filed by the tenant quashing the order of District Revenue Officer, Trichy in Nee.Mu.No. R.T.R.2/92 dated 2.9.1992 and remitting the matter back to Record Officer/Tenancy Tahsildar for consideration of the matter afresh.

(2.) Brief facts are that mother of Ganesan filed Petition under Section 4(2) of the Tamil Nadu Agricultural Lands Records of Tenancy Act, 1969 before the 3rd respondent in T.R. No. 11/82 (AB) in respect of the lands comprised in S. No. 413 (b) of Adavathur (E) Revenue village, measuring 3.00 acres out of 6.46 acres of wet land (eastern side). The said Ganesan pleaded that he has been cultivating the land for more than 22 years. The Civil Court has also upheld the claim that he is the cultivating tenant of the said land. He has further averred that since his name has not been registered as a cultivating tenant, he has filed the application to register himself as the cultivating tenant.

(3.) The mother of appellant/land owner contested the petition contending that the land in S.No. 413(b) of Adavathur (E) revenue village was never leased out either to the said Ganesan or to anyone else at any point of time and that she has been in possession and enjoyment of the same by doing personal cultivation and that the said Ganesan was only an agricultural labourer as a"Neer Cooli", whose work is to irrigate the lands of the appellant from the irrigation channel.