K JAYALAKSHMI Vs. PRINCIPAL COMMISSIONER

JUDGEMENT

(1.) Heard the learned counsel appearing for the petitioners and the learned counsel appearing for the respondents. It has been stated that, originally, the land measuring an extent of 4420 square meters, comprised in T.S. No. 20/2, Block-8 of Pallipattu Village, was owned and possessed by one Baby Ammal. She had acquired the said land from one R. Venkataramulu Chettiar, under a deed of settlement, dated 29.12.1952, registered as Document No. 8/1953, in the office of the Sub-Registrar, Saidapet.

(2.) It has been further stated that Baby Ammal had submitted a statement before the second respondent, on 13.7.1977, with regard to the extent of land held by her. Baby Ammal had died, on 27.10.1978. Baby Ammal had no issues. Her husband had predeceased her. Baby Ammal's legal heirs, namely, Munuswamy Chettiar, Sundara Babu Chettiar and V. Jayalakshmi had become the absolute owners of the entire extent of land of 4420 square meters, after the death of Baby Ammal. While so, the second respondent had issued a letter No. K.Dis A3/21/PP/79, dated 22.11.1979, informing them that the land in question is well within the prescribed ceiling limit and therefore, the said land is exempted from urban land ceiling proceedings.

(3.) It has been further stated that, based on the letter, dated 22.11.1979, issued by the second respondent, Munuswamy Chettiar and Others had divided the land into a number of small plots. After having obtained the lay out approval from the Corporation of Madras, under Proceedings No. LA 128/1964, they had sold two plots bearing Plot Nos. 12 and 12-A, measuring an extent of 4230 square feet and 990 square feet, respectively, to the father of the petitioners, namely, Rajagopalan, by way of two sale deeds, bearing Document Nos. 2361/1980 and 2362/1980, dated 18.7.1980, registered in the office of the Sub-Registrar, Mylapore. After the purchase of the plots, Rajagopalan, the father of the petitioners, had combined both the plots, bearing Nos. 12 and 12-A and had applied for patta before the authority concerned. The patta had been issued in his name, vide C.A. No. 40/80-81, dated 11.9.1980.