PENNARASI Vs. LAND COMMISSIONER LAND REFORMS

JUDGEMENT

(1.) THE first writ petition (W.P.No.8603/2004) was filed by one Pennarasi, seeking to challenge an order dated 07.12.2000 passed by the first respondent, Land Commissioner, Land Reforms, Chennai. Originally, the petitioner filed a revision under Section 83 of the Tamilnadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 before the Tamil Nadu Land Reforms Special Appellate Tribunal, Chennai. THE said revision was taken on file as SRP.No.26 of 2001.

(2.) SIMILARLY, W.P.No.8609 of 2004 is filed by Veluthai and three others, challenging the order dated 13.09.2000 passed by the first respondent Land Commissioner. Originally, the petitioners filed a revision under Section 83 of the Tamilnadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 before the Tamil Nadu Land Reforms Special Appellate Tribunal, Chennai. The said revision was taken on file as SRP.No.5 of 2001.

(3.) THE case of the first writ petitioner was that one Chellammal, third wife of Kandasamay Gounder filed a suit in O.S.No.935 of 1971 for possession of lands and for profits against the petitioner. She contended that the lands were allotted to her husband Kandasamy Gounder in a partition that took place in 1936. THE Kandasamy Gounder died and thus Chellammal became entitled to the lands along with her son Muthusamy Gounder. It was contended that she became the owner of the land as per Central Act 30/1956 and got a perfect title. She further stated that the revision petitioner being the grand daughter, she was not entitled to any any right in the above land to her exclusion. She also stated that one Meghanathasundaraswamy Gounder had corrected the village records to suit his convenience. THE said suit came to be contested and a compromise memo was entered between the parties. Even before the suit was filed, patta was granted jointly in the name of Chellammal in respect of the lands in point in recognition of her right in a family arrangement. THE patta stood in her name and the name of Valliammal, who is her daughter. THErefore, the petitioner was not the exclusive owner of the lands. THE patta was issued by the Sub Collector, Madurai to Chellammal and Valliammal. THE suit was decreed on 24.11.1972. Chellammal's right of 56.42 acres of land situated in the village was confirmed. THE first respondent Land Commissioner before whom the dispute regarding the declaration of surplus was made did not consider the respective ownership of the lands among the members of the family.