V SRINIVASAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE Writ petition has been filed by the petitioner, V. Srinivasan, seeking a writ of certiorarified mandamus calling for the records pertaining to the order dated 25.11.2003, passed in G.O. No. 575, Revenue (Land Reform 2 (2) Department), quash the same and direct the 1st respondent to pass appropriate orders for assignment of lands of an extent of Ac.1.16 and Ac.0.91 in S. Nos. 49/5 and 48/2 respectively in Keeramangalam Village, Lalgudi Taluk, Tiruchirappalli District in favour of the petitioner.

(2.) THE lands of an extent of 10.09 acres in survey No.4/3, 48/2, 49/3, 49/5 and 50/3, Kanchipuram District, originally belonged to Sri Sankariammal Dharma Chatram represented by its executive trustees. While so, the petitioner's father, as a cultivating tenant, was cultivating those lands by virtue of lease deeds executed from time to time in respect of the lands of an extent of 1.76 acres, 1.16 acres and 1.17 acres totally constituting 4.09 acres in survey Nos.4/3, 49/5 and 50/3 respectively. THE petitioner's sister, Lakshmi , also became a lessee in respect of remaining lands of an extent of 6 acres. THEreafter, the name of the petitioners as well as his sister were recorded as cultivating tenant in the tenancy after the coming into force of the Tamil Nadu Agricultural Lands Record of Tenancy Right Act. 1969 (Act 10 of 1969). Since the petitioner was the cultivating tenant of an extent of 2.07 acres, the Government notified an extent of 10.09 acres, which was owned by Swamimalai Srimathi Sankari Ammal as excess land under Section 18(1) of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 (hereinafter referred to as "Act, 1961"). Rule 23 of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Rules, 1962 (hereinafter referred to as "Rules, 1962") provides for a right to a cultivating tenant to be in continuous possession of the land if he moves an application before the authorised officer under Form-B and the same is considered positively in favour of the cultivating tenant. THErefore, in view of Rule 23 of Rules, 1962, the petitioner, along with other cultivating tenants, namely, sub-lessces under him, preferred an application on 22.9.1979, within the prescribed time limit and after enquiry on his application, the assignments were given by the 4th respondent, the Assistant Commissioner of Land Reforms. Subsequently, an appeal was preferred before the 2nd respondent challenging the assignment given in favour of the petitioner. By order dated 9.3.1987, the 2nd respondent set aside the order of assignment made in favour of the petitioner and directed fresh enquiry to be made. Aggrieved by the order passed by the 2nd respondent cancelling the assignment made in favour of the petitioner filed W.P. No. 2280 of 1988 on the file of this Court seeking a writ of mandamus to direct the authorities to issue orders of assignment after setting aside the order of the 2nd respondent. THEreafter, in view of constitution of Special Appellate Tribunal, the said writ petition was transferred and renumbered as TRP No. 407 of 1991 and, thereafter, on 27.9.1994, the Special Appellate Tribunal, accepting the order of the 2nd respondent, dismissed the writ petition filed by the petitioner, but with an observation that the petitioner and others can make a claim of priority as cultivating tenant in respect of the assignments.

(3.) PER contra, learned Addl. Government Pleader appearing for the respondents submits that the petitioner with 9 others in proceeding No. MRIV/411/37-32 dated 17.6.1998, was assigned an extent of 0.82 acres of wet land by the Assistant Commissioner of Land Refrms, Trichy, after conducting fresh enquiry as ordered by the Land Commissioner, Chennai, in his proceedings dated 9.3.1987, as against the original claim of 2.07 acres. Aggrieved by the said order, the petitioner filed an appeal before the appellate authority and District Revenue Officer, Land Tribunal, Chennai, on the ground that he was cultivating the following lands in Keeramangalam Village for a very long time in SF No.49/5 measuring 1.16 acres and SF No.48/2 measuring 0.91 acres and on that basis prayed for assignment of the entire extent of 2.07 acres. But, the appellate authority, namely, the Land Tribunal held that the petitioner's name was registered in the record of tenancy rights as a tenant and, therefore, his request for assignment of land was held to be genuine and, therefore, allowed his appeal. When the said order was examined by the Land Commissioner, it was taken up for suo motu revision by invoking the power vested under Rule 11(3)(b) of the Rules, 1965 for the reason that the order passed by the appellate authority/Land Tribunal dated 6.11.1998 was not in accordance with the provisions contained under Rule 5(2) of the Rules, 1965. Therefore, the petitioner was issued with a show cause notice dated 8.6.1999 calling upon him to submit his explanation as to why the judgment of the learned Tribunal should not be set aside for the reason that the petitioner was already in possession of an extent of 0.68 acres of wet land and as such the assigning authority had also assigned an extent of 0.82 acres of SF No.49/5 reflecting the total extent of 1.50 acres of wet land as per Rule 5(2) of the Rules, 1965. It was further contended that the learned Tribunal, while allowing the appeal of the petitioner, failed to take into account the provisions contained under Rule 5(2) of the Rules, 1965 and the petitioner also failed to assign any reason, the Land Commissioner, by order dated 22.7.1989, set aside the order passed by the appellate authority, namely, the learned Tribunal and upheld the order of assignment issued by the Assistant Commissioner passed in its order dated 17.6.1998. Aggrieved by the above said order of the Land Commissioner, the petitioner's further appeal before the Government under Rule 11(4) was also rejected. Aggrieved by the said order, the present writ of an extent of 34 cents in SF No. 49/5. The said prayer cannot be considered since he is already in possession of land of an extent of 0.68 acres of wet land in SF No. 5/6A of Keeramangalam Village The petitioner is eligible only for assignment of 1.50 acres of wet land as per the provisions contained in Rule 5(2) and on that basis prayed for dismissal of the writ petition.