T.V.NANDAGOPAL Vs. COMMISSIONER OF LAND REFORMS

JUDGEMENT

(1.) This Writ Petition has been filed to issue a Writ of Certiorarified Mandamus, calling for the records relating to the proceedings under Ref.No.A1/MR.4/437/17-70 dtd. 10/11/1998 of the 2nd respondent herein and quash the same and consequently, forbearing the respondents herein, their men, agents, servants, subordinates or any other person or persons claiming through them or authorized by them from, in any manner, interfering with the petitioners' peaceful possession and enjoyment of their property measuring to an extent of 1.51 acres comprised in Survey No.114, which was subsequently sub-divided as Survey Nos.114/1 and 114/2 in Agaramthen Village, Tambaram Taluk, Kancheepuram District.

(2.) The case of the petitioner is that the petitioners are the legal heirs of T.V.Lakshmipathy Naidu and T.V.Nandagopal Naidu who are the brothers born to late T.N. Varadarajulu Naidu. By a "Koor Chit" dtd. 15/1/1959, the property comprised in Survey No.114 of Agaramthen Village to an extent of 1.51 acres was allotted to them. In pursuant to the said 'Koor Chit', patta was issued to an extent of 0/33/50 hectares in favour of the 4th petitioner's husband i.e., T.V. Nandagopal Naidu in Patta No.137, sub-divided as Survey No.114/1. In respect of the remaining extent of land ad-measuring 0/27/50 hectares subdivided as Survey No. 114/2 was allotted to the father of the petitioners 2 and 3 herein and they were also issued patta. Accordingly, the petitioners 2 and 3 are entitled to the land comprised in Survey No.114/2 to an extent of 68 cents and the fourth petitioner is entitled to the land comprised in Survey No.114/1 to an extent of 83 cents situated at Agaramthen Village. While being so, all the land holdings of their father's i.e., T.V.Nandagopal Naidu and T.V.Lakshmipathy Naidu were subject matter of the land ceiling proceedings under the provisions of Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act,1961.

(3.) After finalisation of the proceedings under the aforesaid act, the following lands were declared as surplus holdings and acquired under Sec. 18(1) of the said Act. It was issued on 3/2/1975.