LAWS(MAD)-1990-7-76

V PALANISWAMI Vs. STATE OF TAML NADU

Decided On July 02, 1990
V.PALANISWAMI Appellant
V/S
STATE OF TAMIL NADU Respondents

JUDGEMENT

(1.) THE petitioner claims that he along with his three brothers and his father Vattamalai Gounder constituted a joint family. By a registered partition deed, dated 5-6-1971 the family properties of the extent of 77.65 acres of dry laods and 6.99 acres of wet lands were divided between them and they were enjoying their respective shares ever since the date of partition. Vattamalai Gounder passed away on 7-6 1981. By a notice dated 2-6-1981, Vattamalai Gounder was asked to prefer a claim for compensation for the lands acquired by the Government under the Tamil Nadu Land Reforms (Fixation of Ceiling on Lands) Act, 1961 (hereinafter called the Act). It is only thereafter, the petitioner claims to be aware that certain lands had been declared as surplus under S. 12 of the Act. It is further claimed that the lands allotted under the partition deed to the petitioner and his brothers had been declared as surplus. Under these circumstances, this writ petition has been filed to quash the order dated 4-7-1979, and to restrain the respondents from giving effect to the said order. THE main and substantial ground of attack is that no notice was issued to the major sons before the impugned order was passed.

(2.) THE respondents have filed a counter affidavit. It is the case of the respondents that Vattamalai Gounder was a person attracted by the provisions of the Act. THE family of Vattamalai Gounder consisted of himself, his wife, three major sons and one minor son. THE second respondent prepared a draft statement under S. 10(1) of the Act and proposed to allow 49-37 ordinary acres, equivalent to 15 standard acres under S. 1 and an extent of 2.302 standard acres under S. 4 (Sridhana) as within the ceiling area of the family. THE rest of the lands of the extent of 5.960 standand acres were proposed to be declared as surplus. This proposal was published in Tamil Nadu Gazette dated 1-9-1976. THE In notice is Form No. 7 was sent to Vattamalai Gounder and the same was in fact received by the writ petitioner on 10-10-1976. THE land owner filed his objections on 17-11-1976. After granting exclusion of an extent of four acres which has been donated to the Bhoodan Board, a final statement under S. 12 declaring 4.960 standard acres as surplus. THE same was published in the Tamil Nadu Gazette dated 4-7-1979. It was also served on the land owner on 30-8-1979. It is claimed that after the notification under S. 18 (1), of the Act, the land were taken possession and assigned to eligible persons under the Act. It is at this stage that the writ petition has been filed to quash the order dated 4-7-1979 and to restrain the respondents from giving effect to the said order.

(3.) FOR all the above reasons, the writ petition it dismissed and the rule nisi is discharged. FOR the reasons givenin the previous paragraph, 1 am awarding costs ia favour of the respondents. Counsel's fee Rs 500.