KARUPPAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) One Mr.Chella Muthu Gounder, residing at Chitharavuthampalayam Vilalge, Erode District, was the landlord having vast extent of agricultural lands. It came to the notice of the authorities under the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act 1961 (hereinafter referred to as "the Act/Principal Act"), that Mr.Chella Muthu Gounder was holding lands in excess of the ceiling area. Therefore, proceedings were initiated under the Act for acquisition of the surplus lands. A draft Statement was prepared as required under Section 10(1) of the Act by the Authorized Officer thereby declaring the lands belonging to Mr.Chella Muthu Gounder comprised in Survey Nos.184, 185 and 186(part) in the said village as surplus. A copy of the draft Statement was also served on Mr.Chella Muthu Gounder. The Authorized Officer published the draft Statement under Section 10(5) of the Act, in the official gazette on 22.08.1973. Thereafter, as required under Section 12 of the Act, a final Statement was published in the Tamil Nadu Government Gazettee on 12.09.1973. As per the same, after leaving the lands which were wanted to be retained by the land owner namely Mr.Chella Muthu Gounder, the lands comprised in Survey No.184/1A measuring 4.70 acres and in Survey No.185/2 measuring 3.84 acres and in Survey No.186/2 measuring 1.87 acres were declared as surplus. Thereafter, a final Notification under Section 18(1) of the Act was published on 29.05.1974 thereby acquiring the said lands comprised in Survey No.184/1A measuring 4.70 acres and in Survey No.185/2 measuring 3.84 acres and in Survey No.186/2 measuring 1.87 acres.

(2.) In pursuance of the said taking over under Section 18(1) of the Act, possession of the above said lands comprised in the above said Survey Numbers were also taken by the Special Deputy Tahsildar on 20.07.1974. In the mean while, the land owner namely Mr.Chella Muthu Gounder, preferred a revision before the Land Commissioner, Board of Revenue, Chennai who is the Revisional Authority under the Act, under Section 82 of the Act against the order under Section 18(1) of the Act by the Assistant Commissioner. In the said revision, Mr.Chella Muthu Gounder, contended that surplus lands may be selected from Survey Nos.155 and 156 belonging to him instead of Survey Nos.184 and 185 and 186 as already notified. Having considered the said submission made by Mr.Chella Muthu Gounder, the Revisional Authority, by his proceedings in F.2 R.P/190/74 (Land Reforms), dated 18.07.1975, allowed the revision in part and declared the lands comprised in Survey No.184/1A measuring 4.70 acres and in Survey No.155/3 measuring 5.70 acres as surplus. Thus, the lands comprised in Survey Nos.185/2 and 186/2, already declared as surplus were excluded. The Revisional Authority directed the Authorized Officer to issue a fresh declaration in respect of these lands under Section 18(1) of the Act. On 29.11.1975, Mr.Chella Muthu Gounder gave a letter to the Land Commissioner requesting him to implement the order of the Revisional Authority. Accordingly, a fresh Notification under Section 18(1) of the Act was issued on 16.07.1980, thereby acquiring the lands comprised in S.No.184/1A measuring 4.70 acres and in Survey No.155/3 measuring 5.70 acres. As per the records, possession of these two lands was also taken by the Special Deputy Tahsildar. Thus, on and from 16.07.1980, the Government became the owner of the said lands on account of the acquisition made under Section 18(1) of the Act. The said declaration made under Section 18(1) of the Act in the Tamil Nadu Government Gazettee on 16.07.1980 had also become final.

(3.) Thereafter, the Authorized Officer commenced proceedings for the disposal of the said lands, as per the Tamil Nadu Land Reforms (Disposal of Surplus Land) Rules, 1965 (hereinafter referred to as "the Rules"). The Authorized Officer called for applications from eligible persons for assignment of the said surplus lands comprised in S.No.184/1A (4.70 acres) and in S.No.155/3 (5.70 acres). The writ petitioners herein are all landless poor eligible for assignment of such lands. Accordingly, they made appropriate individual application to the Authorized Officer under Rule 7 of the said Rules. After having followed the procedure and after having considered the eligibility of the petitioners herein, the Authorized Officer by his proceedings in Ref.No.112/MRIV/17.70 dated 31.06.1981 assigned the lands to the petitioners in these writ petitions as follows:- <FRM>JUDGEMENT_1710_TLMAD0_2013_1.html</FRM>