THAYARAMMAL ALIAS SUNDARALAKSHMI Vs. TAMIL NADU LAND REFORMS

JUDGEMENT

(1.) W. P. No. 17034 of 2001: The Petitioners have filed the Writ of Certiorarified Mandamus in calling for the records pertaining to the proceedings issued under Section 9(2)(b) of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 (58 of 1961) and the order made in Ref. No. 5T/MR. I/ 58. 61/A2 dated 16. 8. 93 passed under Sections 10(1) and 10(5) of the Act and the notification issued under section 12(1) of the Act in the Tamil Nadu Government Gazettee Part IV Section 1 dated 17. 12. 1997 passed by the 3rd Respondent/Authorised Officer & Assistant Commissioner, (Land Reforms), Erode District and the order dated 11. 8. 1999 made in R. P. No. 147 of 1998 passed by the 2nd Respondent/ Land Commissioner, Chepauk, Chennai and the order dated 3. 1. 2001 made in S. R. P. No. 16 of 2000 passed by the 1st Respondent/Tamil Nadu Land Reforms Special Appellate Tribunal, Chennai and to quash the same. Further, the Petitioners have sought for the issuance of a direction to the 3rd Respondent in initiating fresh proceedings against the Petitioners from the stage of Section 9(2)(b) of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 58 of 1961. W. P. No. 17035 of 2001:

(2.) ACCORDING to the Petitioners, they are the daughters and son of Late Thirumalaisamy and Rukmaniammal of Puthur Village, Dharapuram Taluk, Erode District. The family of deceased Thirumalaisamy consist of 9 members. The family members of Late Thirumalaisamy effected partition among themselves as per the partition deed dated 02. 12. 1959. Their father expired on 20. 09. 1966 and their mother expired during the year 1995 .

(3.) THE 3rd Respondent (Authorised Officer and the Assistant Commissioner (Land Reforms), Erode District issued a draft statement as per Section 10(1) of the Act published in the Tamil Nadu Government Gazettee dated 20. 02. 1991 proposed to declare an extent of 109. 069 standard acres of land as surplus lands, after deducting the extent of 13. 12 Standard acres as per Section VI holding that these lands does not belong to the land owner's wife and correcting conversion into standard acres. Even the said notification was not served on all the interested parties who are the family members of the land owner. Although notice was served on one of the family members, viz. , T. Rajendran, no sufficient opportunity was given to him. However, the 3rd Respondent/Authorised Officer and the Assistant Commissioner (Land Reforms), Erode District by an order in Ref. No. 5T/MR. I/58. 61/92 passed an order as per Section 10(5) of the Act.