G BALASUBRAMANIAN Vs. ASSISTANT COMMISSIONER

JUDGEMENT

(1.) THE two writ petitioners have filed the Special Revision Petition under Section 83 of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 (for short Act) before the Tamil Nadu Land Reforms Special Appellate Tribunal, challenging an order of the second respondent dated 22.12.2000, dismissing the revision petition. THE said revision petition was taken on file as S.R.P.No.34 of 2001.

(2.) IN view of the abolition of the Tribunal, the matter stood transferred to this Court and was renumbered as CRP No.1909 of 2003. However, a learned Judge of this court opined that no Civil Revision Petition will lie as the officers whose orders under challenge were not a Court but only statutory authorities. Therefore, the CRP was converted into writ petition and notice was ordered.

(3.) AS against the said order, the land owner preferred an appeal before the Land Tribunal, Madurai in LTCMA No.110 of 1983. The Tribunal, by an order dated 31.05.1985 partly allowed the appeal in so far as it relates to partition decree passed in O.S.No.418 of 1966 dated 20.07.1967 and remanded the case for fresh disposal and after verifying the enjoyment of the property set out in Schedule A in the suit shall be considered. Against the said judgment of the Tribunal, the land owner filed C.M.P.No.10623 of 1986 in C.R.P.No.2097 of 1986. This Court initially granted interim stay on 04.12.1986. In view of the formation of the Special Appellate Tribunal, the matter was transferred and it was re-numbered as TRP.No.309 of 1991. The Tribunal partly allowed the revision on 16.12.1992 and remitted the case to the first respondent to reconsider the issue after issuing notice of hearing to the parties within four months.