RUKMANI AMMAL Vs. UNION TERRITORY OF PONDICHERRY

JUDGEMENT

(1.) W.P.Nos. 798 & 833 of 1980:

(2.) Mr.V.Manivannan, learned counsel appearing for the petitioner, would put forth two submissions. One is, the language used in section 4(4) of the Act stands in pari materia with section 23 of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1981 (Act 58 of 1981), hereinafter referred to as the Tamil Nadu Act, prior to the substitution of that section by Tamil Nadu Act 32 of 1974, which amend ment was necessitated on account of a decision of a Bench of this Court in B.E.K. Nattar v. Authorised Officer (L.R.), (1973)2 M.L.J. 95: 86 L.W.446: A.I.R.1973 Mad.389, the Bench having held that section 23 of the Tamil Nadu Act does not by express terms invalidate such transfers and the title of the transferee will stand unaffected and cannot be interfered with by the Authorised Officer while fixing the ceiling area of the transferor, and the learned counsel urges that by application of the same ratio, the alienation in favour of the petitioner and the resultant title will stand uneffected. In answer Mr.S.Govindaswamy, learned Government Pleader for Pondicherry, submits that the language used in section 4(4) of the Act is not at all in pari materia with the language used in section 23 of the Tamil Nadu Act before it substitution by Tamil Nadu Act 32 of 1974, and, on the other hand, the language of section 4(4) of the Act is in pari materia with the language used in section 23 of the Tamil Nadu Act, after its substitution by Tamil Nadu Act 32 of 1974. Section 23 of the Tamil Nadu Act, prior to its amendment by Tamil Nadu Act 32 of 1974, stood as follows:

(3.) There is no dispute that it is only with a view to get over the construction put up by the Bench of this Court in the above decision and in order to make the intention clear and to prevent persons transferring surplus lands or making sub-divisions after the notified date and before the publication of the notification under sub-section (1) of section 18 and thereby defeating the purpose of the ceiling law, the amendment was thought about and was introduced. This is quite evident from the statement of objects and reasons for Tamil Nadu Act 32 of 1974. Section 23 of the Tamil Nadu Act, after its substitution by Tamil Nadu Act 32 of 1974, reads as follows: